MALDEF STATEMENT ON DEADLINE TO SEEK SUPREME COURT REVIEW OF FIFTH CIRCUIT DACA RULING

None of the parties in the case of Texas v. United States sought discretionary Supreme Court review of the Fifth Circuit decision by yesterday’s extended deadline.  The case will now move to the implementation phase with respect to the Fifth Circuit decision on the legality of Deferred Action for Childhood Arrivals (DACA).

MALDEF (Mexican American Legal Defense and Educational Fund) intervened in the 2018 challenge to DACA on behalf of 22 recipients, arguing that the administration at that time wouldn’t adequately defend the program.

Now, the case is back in the hands of U.S. District Court Judge Andrew Hanen, who must modify his order in response to the Fifth Circuit.   Until then, a court-ordered stay remains in effect, allowing all DACA holders nationwide to renew their DACA and work authorization.

Please attribute the following statement to MALDEF President and General Counsel Thomas A. Saenz:

“Yesterday was the extended deadline for any party to file with the United States Supreme Court seeking discretionary review of the Fifth Circuit’s January 17 decision in Texas v. United States, the longstanding Texas-driven challenge to Deferred Action for Childhood Arrivals or DACA.  None of the parties – the state of Texas and other plaintiff states, the United States, the intervenor state of New Jersey, and the intervenor DACA recipients, who have been represented by MALDEF throughout the case – filed a petition seeking Supreme Court review.  Thus, the Fifth Circuit decision of January 17 is now final.

“As a reminder, that decision held that DACA’s protection from removal or deportation is a lawful exercise of presidential discretion, and therefore may be granted in response to new and renewal applications throughout the entire country.  The Fifth Circuit panel also concluded — erroneously in MALDEF’s view — that work authorization granted through the DACA process is not permissible; however, the court limited the implementation of that decision solely to the state of Texas.  The result is that, following implementation of the Fifth Circuit decision, DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas.

“The district court in the Texas case will initially determine how to implement the Fifth Circuit decision.  That determination should begin soon through a process of consultation and debate among all the parties before the district court.  With respect to the issue of work authorization for DACA holders residing in Texas, MALDEF will be advocating for an extended period of implementation that is respectful, to the maximum extent possible, of the important reliance interests identified by the Supreme Court in its 2020 decision rejecting the first Trump administration’s rescission of DACA.  In any event, the implementation is likely to be phased in over a significant period of time.  Thus, no DACA holder in Texas should be in danger of losing work authorization imminently.

“While MALDEF firmly believes that the Fifth Circuit decision was erroneous, Supreme Court review — had the Court exercised its discretion to hear the case — would necessarily result in a decision that would affect all DACA holders and potential DACA applicants nationwide.  Without Supreme Court review, we will remain active in defending the interests of all DACA-eligible immigrants as the case moves to its next phase.”

Read an FAQ of the case’s status HERE.

Read a timeline HERE.

KJ