The U.S. Court of Appeals for the Fifth Circuit ruled on October 5, 2022, that the Deferred Action for Childhood Arrivals (DACA) program is unlawful but remanded the case to the U.S. District Court for the Southern District of Texas, ruling that the current 594,000 DACA recipients can maintain status while the lower court considers the effect of a DACA final rule issued by the Biden administration in August 2022, effective October 31, 2022. New applications continue to be blocked.
A longer-term solution would require Congress to pass legislation, which is unlikely in the near term. Otherwise, DACA recipients could eventually lose their work authorization.
- Fifth Circuit decision
- U.S. Appeals Court Sends DACA Case Back to Lower Court to Consider New Rule,” Reuters, Oct. 5, 2022
- “DHS Issues Regulation to Preserve and Fortify DACA,” Dept. of Homeland Security, Aug. 24, 2022
- DHS final rule, 87 Fed. Reg. 53152 (Aug. 30, 2022)
- Statement from USCIS Director Ur M. Jaddou