DACA on Life Support After Fifth Circuit Ruling

Yesterday, the U.S. Court of Appeals for the Fifth Circuit released a decision finding part of President Obama’s Deferred Action for Childhood Arrivals (DACA) policy unlawful.  Judge Jerry E. Smith authored the opinion, which was joined by Judges Edith Brown Clement and Stephen A. Higginson.  Here is the ruling.   Download DACA 5th Circuit Decision 2025

Courthouse News offered a summary of the decision.

Texas Attorney General Ken Paxton released the following:

“Attorney General Ken Paxton secured a major victory in the U.S. Court of Appeals for the Fifth Circuit, which affirmed a district court’s ruling that the Biden Administration’s Deferred Action for Childhood Arrivals (“DACA”) policy is unlawful. 

The Fifth Circuit concluded that Texas succeeded on the merits and remanded the case to the district court for further proceedings.  

“This is a win for Texas. I am pleased the Fifth Circuit found that the Biden Administration’s DACA policy was unlawful,” said Attorney General Paxton. “I look forward to working with President-elect Donald Trump to ensure that the rule of law is restored, and the illegal immigration crisis is finally stopped. Biden’s policies unleashed historic levels of lawlessness upon this country, and it is time to start fixing the mess the outgoing administration made.” 

To read the decision, click here.“

César Cuauhtémoc García Hernández offered his quick take on the Fifth Circuit DACA ruling.  He writes:

“Since only Texas has standing to sue the federal government over DACA, the court blocked DACA’s continuation only in Texas. Though the court doesn’t explain exactly what that means, presumably the federal government can’t renew DACA for people residing in Texas. For now, though, even that is on hold because the court issued a stay of its decision pending further intervention by the Supreme Court or the full Fifth Circuit.”

Expect much analysis and criticism to follow.  Stay tuned.

KJ

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