Federal Appeals Court Rules DACA Unconstitutional In Texas
In a closely contested decision, a federal appeals court has ruled that the Deferred Action for Childhood Arrivals (DACA) program, established during the Obama administration, is unconstitutional in Texas.
The Fifth Circuit Court of Appeals upheld part of a lower court ruling that determined the program violated the Constitution, according to CNN. However, the decision stopped short of implementing a nationwide ban, limiting its impact to Texas.
The ruling allows the program to continue in its current form for DACA recipients in the other 49 states. Additionally, the government remains barred from processing new applications for the program.
U.S. District Judge Jerry Smith, appointed by the late President Ronald Reagan, noted in the court's opinion:
“Because (Department of Homeland Security) intended the aspects of DACA to be severable and to function independently from one another, the district court erred by not severing the forbearance provisions from the work-authorization provisions.”
Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund (MALDEF), who represents DACA recipients in Texas, acknowledged the uncertainty created by the decision for those allowed to work in the state.
“It’s striking down that part of the DACA rule that makes DACA recipients eligible for work authorization consideration,” Perales explained. “That answer is not provided in the decision.”
She added, “It’s unlikely that it means a sudden end to work authorization, given that even Texas, in the case, was asking for a wind-down.”
As of late October, Fwd.us reported that the Fifth Circuit Court of Appeals was reviewing the legality of DACA. Oral arguments for the case took place on October 10, 2024, with the panel yet to issue a final decision or guidance on next steps.
The appeals court had previously declared DACA illegal, following a ruling in September 2023 by Judge Andrew Hanen of the Southern District of Texas, which similarly found the program unlawful.
Senator Chuck Schumer (D-N.Y.) recently expressed openness to collaborating with President-elect Donald Trump on potential solutions for DACA recipients.
During an appearance on NBC’s Meet the Press, Schumer emphasized his party’s long-standing support for the Dreamers and hinted at opportunities for cooperation with Trump’s administration.
“Our party has been strongly fighting for the Dreamers for a decade,” Schumer said. “Look, these are people, they were little, tiny children when they were brought over the border. Many of them have been here for decades. Some have served in the armed forces. Many of them are working very productively and have families.”
“Yes, if we can find a solution so that the Dreamers could stay here, we’d welcome it,” Schumer added, as reported by The Hill.
DACA, implemented via an executive order by then-President Barack Obama in 2012, has been a contentious issue from the outset. The program provided temporary protection from deportation for certain undocumented immigrants brought to the U.S. as children.
Critics, particularly Republicans, have long argued that Obama exceeded his presidential authority by granting de facto amnesty. The debate reached the U.S. Supreme Court in June 2020, where a narrow 5-4 ruling determined that the Trump administration’s attempt to terminate DACA was procedurally improper.
“We do not decide whether DACA or its rescission are sound policies,” Chief Justice John Roberts wrote for the majority. “The wisdom of those decisions is none of our concern. Here we address only whether the Administration complied with the procedural requirements in the law that insist on ‘a reasoned explanation for its action.’”
The decision left unresolved the constitutional validity of Obama’s executive order creating DACA, opening the door for further legal challenges. As the issue continues to wind its way through the courts, questions about the program’s long-term viability remain.