JUST IN: Fifth Circuit Blocks Biden DACA Regulations for Texas Only

Yay not nationwide!


https://news.bloomberglaw.com/ip-law...for-texas-only

Not good for our fellow Texas DACAers. Feels bad, man.

"This ruling could pave the way for DACA's final fate to be decide by the Supreme Court.

But an open question is what position the incoming Trump administration takes.

The Biden administration would've appealed. But the first Trump administration also argued DACA was unlawful."

So does this mean the 49 states are restored to FULL DACA?

"As expected, a 3-judge panel of the 5th Circuit has ruled against the DACA program. However, the case remains ongoing and will likely be appealed to the full en banc 5th Circuit, and then to the Supreme Court." @reichlinmelnick

Geographical Limitation of Injunction: While the appeals court upheld a nationwide injunction against new applicants for DACA, it limited this injunction’s application to Texas only. This means that while new applications cannot be processed in Texas, other states may still have different interpretations or implementations regarding DACA.

Stay for Current Recipients: The court’s decision also noted that current DACA recipients—those enrolled before the district court’s order—would remain protected under a stay provision. This means they can continue to renew their status and work authorization until further legal developments occur.

Overall, I believe that this ruling is more favorable to us compared to other possible outcomes. I also think that the Supreme Court may be sympathetic to our case.

Wait, so current Texas DACAers can still renew. Whats the point of this ruling then? It still only applies to new applicants in Texas.

Why do you think that about SCOTUS?

It is my understanding that everyone is still able to renew their DACA status. I think the Texas part gets a bit tricky to understand. The way I see it, is that it means that only individuals in Texas will be directly affected by this ruling at this time. Other states may not be impacted unless similar lawsuits are filed or if this ruling is expanded upon by higher courts.

One notable point is that the panel has concluded that deportation protections provided under DACA can be legally separated from the work permits granted to beneficiaries.

This suggests that if one aspect of DACA is found to be illegal or unconstitutional, it may not necessarily affect other components, such as work authorization.

In summary, the panel's determination suggests that DACA's components can be considered separately in legal contexts. This could potentially impact how courts approach challenges against the program in the future.

Why do you think SCOTUS will be sympathetic to our case?

The recent ruling in June 2023 by the U.S. Supreme Court in United States v. Texas, where they ruled 8-1 that States cannot challenge the executive branch's authority to establish immigration enforcement priorities, gives me hope for the program's future.

This decision limits states' ability to sue the federal government on immigration matters. The case involved a lawsuit from Texas and Louisiana questioning the immigration enforcement guidelines set by the Department of Homeland Security.

The court's decision allowed DHS officers more discretion in immigration enforcement decisions. It's important to remember that DACA is based on prosecutorial discretion, and this ruling affirms DHS's right to exercise that discretion.

This ruling is what gives me hope. Take it with a grain of salt though