This is an appeal of a district court decision granting the request by Texas and eight other states to permanently enjoin (block) the Deferred Action for Childhood Arrivals (DACA) program. DACA was created in 2012 by the Obama Administration, and it permits certain immigrants brought to the United States as children to apply, on a case-by-case basis, for temporary work authorization and relief from deportation.
On September 13, 2023, after briefing and oral argument in the district court, Judge Hanen issued an opinion holding that the DACA regulation (also known as a “rule”) issued by the Biden Administration in August 2022 suffers from the same legal infirmities as the prior version of DACA, which was based on an agency memorandum. Judge Hanen did not change the status quo: the approximately 580,000 individuals with DACA can continue to renew for the time being, but the federal government is prohibited from granting any new applications. In early November 2023, the federal government and the other defendants appealed Hanen’s decision and injunction to the Fifth Circuit.
The appeal was fully briefed as of the end of May 2024. The Fifth Circuit will hear oral argument at 9:30 AM on October 10, 2024 in New Orleans (West Courtroom).
Technical Summary
Texas claimed that DACA was required to (but did not) go through notice and comment rulemaking, in violation of the Administrative Procedure Act (APA); that DACA is contrary to the immigration system established by the Immigration and Nationality Act, as amended, and should therefore be vacated under the APA; and that it violates the Take Care Clause of Article II (which requires the President to “take Care that the Laws be faithfully executed”).
Latest Updates
- 05/28/2024
- 05/28/2024
Full Timeline and Documents
- 04/09/2024
- 01/25/2024
- 01/25/2024
- 11/09/2023Appeal docketed
