Lower Court to Consider Impact of DACA Final Rule in Wake of Fifth Circuit Decision

Provided by Catholic Immigration Network, Inc. (CLINIC)

On Oct. 5, 2022, the Fifth Circuit Court of Appeals upheld the lower court’s ruling in State of Texas, et al., v. United States of America, et al. that the 2012 DACA policy was illegal because it violates the procedural and substantive requirements of the Administrative Procedures Act. However, the circuit court remanded the case to the lower court to consider the Department of Homeland Security’s final rule codifying DACA, set to go into effect on Oct. 31, 2022. We expect the federal government will appeal the Fifth Circuit’s decision to the U.S. Supreme Court.

In the meantime, what does the Fifth Circuit’s decision mean for DACA recipients and applicants? For now, the lower court’s nationwide injunction issued July 16, 2021, remains in place. U.S. Citizenship and Immigration Services, or USCIS, may still approve DACA renewal requests but cannot approve initial DACA applications. Given the uncertain fate of DACA, practitioners should consider whether eligible DACA clients (including those whose DACA expired less than a year ago) should apply for renewal while USCIS is still able to approve renewal requests.

You can see CLINIC’s press statement here: Link