On January 17, 2025, the Fifth Circuit Court of appeals issued a decision agreeing with the district court that the Biden administration's rule on DACA is not legal under the Immigration and Nationality Act. But, the Fifth Circuit limited the effect of ruling saying that two aspects of DACA-protection from deportation and work authorization, can be separated. The Court found it allowable for DACA recipients to remain low priorities for deportation but upheld the portion of the district court order prohibiting issuance of work authorization. The Court limited the injunction to Texas. The net effect would be that initial DACA applications could still be approved outside of Texas, but within Texas the injunction prohibits work authorization. The case has been sent back to the district court, until the order is final, these changes will not yet take effect. For now, Texas DACA recipients can continue to renew work authorization.
Jan. 27, 2025
This is general information. Consult with an attorney before making a decision on your individual case.
