The Fifth Circuit Court of Appeals heard arguments for State of Texas v. USA on October 10 to determine the future of Deferred Action for Childhood Arrivals (DACA) and, in turn, the future of hundreds of thousands of people supported by the program. This case’s potential to end DACA highlights the urgent and grave need to protect our undocumented friends.
This is a critical moment in the years-long effort to dismantle protections for immigrant communities. We call on Congress to act swiftly to establish permanent protections and a pathway to citizenship for undocumented immigrants who arrived as children, known as “Dreamers,” and the undocumented community.
Background on DACA
In 2012, the Obama administration created DACA, a work authorization and deportation relief program for Dreamers. For 12 years, DACA has allowed people to build their lives, pursue their dreams, and provide for their families. DACA recipients are friends, essential workers, and community leaders. They are parents to 250,000 U.S. citizens and business owners employing over 86,000 people. Like millions of undocumented immigrants, Dreamers are pillars of the community, with over 300,000 working in industries that face critical labor shortages, like health and education.
When Obama established DACA, it was meant to be a temporary solution in response to Congress’ failure to produce comprehensive immigration legislation. Congress’s prolonged inability to act and codify protections for Dreamers has brought us to this court case that could separate families and upend the lives of our undocumented friends.
Congress’s prolonged inability to act and codify protections for Dreamers has brought us to this court case that could separate families and upend the lives of our undocumented friends.
DACA in Federal Court Limbo
Anti-immigrant forces have kept the program in federal court limbo for over three years, leaving DACA recipients, DACA-eligible individuals, their loved ones and communities suspended in uncertainty.
Soon after Trump took office, the administration sought to cancel DACA; fortunately, this attempt failed in the Supreme Court in June of 2020. In July of 2021, the program faced another legal challenge by a coalition of states in the U.S. District Court for the Southern District of Texas. The court invalidated Obama’s DACA program, but issued a stay to allow existing beneficiaries to continue filing for renewals. The Biden administration appealed the decision and attempted to protect DACA by issuing a final rule on the policy. This rulemaking process was different than the approach Obama took, but the final version is nearly identical.
In October 2022, the Fifth Circuit Court of Appeals upheld the ruling from the Texas District Court on Obama’s DACA program and suspended the Biden administration’s implementation of its final rule. The Fifth Circuit returned the case to the lower court to review the legality of the Biden administration’s rule. The following September, the District Court ruled again against DACA - this time the Biden version. This led to another appeal by the Biden administration and the recent hearing in the Fifth Circuit Court on October 10.
Since the July 2021 proceedings, DACA has been closed to new applicants, blocking hundreds of thousands of eligible people from relief. Fortunately, under the court’s stay, existing DACA recipients remain eligible to renew their status every two years.
October 10 Fifth Circuit Court Hearing
In an inspiring display of solidarity, over 200 Dreamers and advocates packed the Fifth Circuit Court in New Orleans on October 10 to remind the judges that for DACA recipients: home is here.
Lawyers representing the anti-immigrant coalition of states, led by Texas, argued for terminating the program on the unfounded claim that DACA has caused harm to these states. Biden administration attorneys countered these claims, emphasizing that these states have no evidence of harm, thus, no basis to sue.
While it’s unclear when the court will issue a decision, there is no excuse or justification for Congress’ indifference.
Congress Needs to Act Now
Cruel forces hope to use the termination of DACA as the foundation for mass deportation. Every day that Congress fails to provide Dreamers with lasting protections is another day that they, their loved ones, and our communities live in fear of family separation, deportation, financial instability, and uprooted lives.
As the Quaker Statement on Migration shares: We believe in welcome, inclusion, dignity, shared security, sanctuary, love, and compassion, because we are all part of the same human family. As we await a decision from the Fifth Circuit, we call on Congress to pass overdue legislation that ensures Dreamers a pathway to citizenship.
