Oct 5, 2022 Daca Ruling

For Immediate Release

October 6, 2022

Contact: Sarai Herrera, 213-634-0999; sherrera@immdef.org

Fifth Circuit Court of Appeals Predictably Holds DACA Program Unlawful, Keeps DACA Recipients in Legal Limbo.

Immigrant Defenders Law Center Urges Congress to Take Action to Create Permanent Pathway to Citizenship for DACA Recipients and Undocumented Community Members.


LOS ANGELES, CA.: Yesterday, the Fifth Circuit Court of Appeals ruled in Texas v. United States that the 2012 DACA program memo is unlawful and sent the case back to the lower court to determine the DACA program’s future. While DACA renewals can continue temporarily, the decision continues to block first-time enrollments and solidifies the uncertain future of the program. The lower court will review the Biden administration’s new DACA regulation, which is set to go into effect on October 31. Immigrant Defenders Law Center (ImmDef) calls on Congress to take immediate action to create a permanent pathway to citizenship that protects the rights of DACA recipients and others whose home is here. DACA recipients deserve stability and safety in their communities and should not have to plan their lives based on two-year increments.

“While the Fifth Circuit’s decision is not surprising, it is nevertheless heartbreaking” said Alvaro M. Huerta, director of Litigation & Advocacy at Immigrant Defenders Law Center. “DACA recipients and their families should not have their lives upended over and over again. It is far past time for Congress to act. We need a permanent solution, and we need it now."

“Home has been here for DACA recipients, and home must continue to be here for DACA recipients. We cannot disregard the value DACA recipients add to our communities. They deserve stability in the only country that they know as home. It is unfair to fail people who are a part of the fabric of our communities. Congress must act to provide these human beings with a path to citizenship.” said Margaret Cargioli, directing attorney at Immigrant Defenders Law Center.

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Immigrant Defenders Law Center (ImmDef) is a next-generation social justice law firm that defends our immigrant communities against injustices in the legal system. We envision a future where no immigrant will be forced to face an unjust immigration court alone. Our programs are a first step towards the long-term goal of providing universal representation to all immigrants facing deportation. ImmDef is now the largest non‐profit, pro bono provider of deportation defense in California with offices in Los Angeles, Adelanto, Riverside, Santa Ana, and San Diego.

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