Fifth Circuit’s 2025 Ruling Brings New Changes to DACA Litigation

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Key Takeaways

On January 17, 2025, the Fifth Circuit limited the DACA injunction to Texas, preserving removal protections but halting work authorization benefits.
Current DACA recipients can renew protections, including work permits, and USCIS advises submitting renewal requests 120–150 days before expiration.
Initial DACA applications are accepted nationwide but remain unprocessed; significant changes await implementation by the lower district court.

The Deferred Action for Childhood Arrivals (DACA) program has faced many legal challenges over the years. One of the most recent changes took place on January 17, 2025, when the U.S. Court of Appeals for the Fifth Circuit issued a decision that significantly altered ongoing DACA litigation. Although this ruling clarified some issues, it has also raised new questions about the future of the program.

The Fifth Circuit upheld parts of a lower court’s ruling that had declared the 2022 DACA rule issued by the Biden administration unlawful. However, it made several important changes to the original decision. First, the court limited the injunction against DACA to the state of Texas🇺🇸 alone, instead of applying it to the entire United States. This means that the restrictions on DACA will primarily impact Texas residents. Secondly, while the court found parts of the program unlawful, it chose to preserve the “forbearance” part of DACA. Forbearance ensures that DACA recipients, also known as “Dreamers,” are considered low-priority for removal from the United States. That said, the court ruled that DACA’s benefits—like work authorization—could not continue as part of the program. By separating or “severing” these aspects, the ruling leaves room for a limited version of DACA to potentially exist.

Fifth Circuit’s 2025 Ruling Brings New Changes to DACA Litigation

The Fifth Circuit also decided to keep the current stay on the lower court’s earlier injunction. The reasoning was based on what the court called “immense reliance interests,” reflecting the importance of the program to many DACA recipients and the broader community. As a result, people who already have DACA can continue renewing their protections, including their work permits, for the time being. This ruling is part of a legal battle that dates back to 2018, when Texas and nine other states filed a lawsuit challenging the legality of the original DACA program, which was created in 2012.

To understand how this reached the Fifth Circuit, it’s important to examine the steps leading up to this point. In 2021, U.S. District Court Judge Andrew Hanen ruled that DACA was unlawful because it violated certain procedural and constitutional rules. He vacated the original 2012 memorandum establishing DACA and issued a nationwide injunction. However, this decision allowed existing recipients to renew their DACA status while halting new approvals. In an attempt to address the legal concerns raised by Judge Hanen, the Biden administration introduced a new DACA rule in August 2022. This rule formalized DACA through a regulatory process, but the changes were challenged in court. By September 2023, Judge Hanen struck down the new rule as well, leaving DACA recipients in continued uncertainty.

The January 2025 Fifth Circuit decision marks the latest turning point. Although it keeps parts of DACA intact, its limitations—such as the benefits provision being removed—set the stage for more complicated legal and practical implications. As of February 2025, the current statuses for DACA recipients are:

People who already have DACA can continue to renew it. This includes renewing their work authorization documents, which remain valid unless revoked or expired. USCIS (U.S. Citizenship and Immigration Services) suggests these renewals be submitted between 120 and 150 days before current documents expire.
Initial DACA applications are still being accepted nationwide, but they are not being processed. The injunction only applies within Texas🇺🇸, and USCIS has yet to modify its operations for applicants in other states.
The protections from removal under DACA are still valid. This means that Dreamers are less likely to face deportation, regardless of their ability to work legally.
These changes in the program will not take effect until the Fifth Circuit’s ruling is implemented by the lower district court. Judge Hanen will need to modify the injunction and apply the Texas🇺🇸-specific ruling. Pending appeals to higher courts, including the Supreme Court, may further delay these changes.

For now, there are minimal practical changes for current DACA recipients. They remain eligible for renewal and work authorization, although the long-term stability of the program remains in doubt. Additionally, the Biden administration has continued to show its commitment to supporting undocumented immigrants, including those protected by DACA. For example, a new initiative introduced by the administration allows undocumented family members of U.S. citizens who have lived for at least ten years in the country to apply for legal permanent resident status without needing to leave the United States.

While these measures offer some comfort, advocates argue they do not go far enough. Many believe that only Congress can offer a permanent solution by passing legislation to protect Dreamers and provide a pathway to citizenship. The reliance on temporary solutions, such as DACA, leaves over 500,000 current recipients and their families vulnerable to policy changes. As VisaVerge.com notes, the Fifth Circuit ruling underscores the fragility of the program and the need for legislative action to ensure predictable protections.

The economic and social implications of these legal disputes are significant. DACA recipients are not only students and young professionals but also caregivers, essential workers, and members of local communities across the nation. Changes to the program could disrupt their lives and affect broader industries reliant on their contributions. Despite this, legal challenges to DACA show no signs of ending soon. The case is now back with Judge Hanen to implement the Fifth Circuit’s instructions. A brief from the appellees is expected in February 2025, which could clarify what comes next.

One major consideration shaping the case is the possibility of higher appeals. Past Supreme Court rulings on immigration matters show a divided view, which could impact whether the high court upholds or overturns the Fifth Circuit decision. In addition, the outcome of the 2024 presidential election could influence how the government approaches future DACA litigation. A new administration with different immigration priorities may frame upcoming arguments in the case differently.

For now, DACA recipients are advised to stay informed and, if possible, consult immigration attorneys about renewing their benefits and understanding how legal changes could affect them. The development of DACA litigation raises issues that, while technical, have a direct impact on hundreds of thousands of lives. Until permanent protections are enacted by Congress, the program will likely see continued legal and political disputes.

In conclusion, the ruling issued by the Fifth Circuit in January 2025 adds another layer of complexity to DACA litigation. While it provides temporary relief to current beneficiaries nationwide, it raises questions about the sustainability of the program in the long term. Its severability decision, for example, preserves some elements of DACA while stripping away others, making the future of work authorization uncertain. The Biden administration has expressed support for the program, but legal hurdles and the lack of congressional action leave its longevity in doubt. The next steps in the case, including possible appeals to the Supreme Court, will be closely followed by policymakers, lawyers, and DACA recipients. To stay updated about these changes, individuals can visit the USCIS DACA page for regular updates regarding applications and renewals.

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Deferred Action for Childhood Arrivals (DACA) → A U.S. immigration policy that delays deportation for undocumented individuals brought to the U.S. as children.
Fifth Circuit → A federal appellate court that reviews legal cases from Louisiana, Mississippi, and Texas, including immigration-related cases.
Injunction → A court order requiring an individual or entity to either stop or start certain actions, often temporarily.
Forbearance → A policy prioritizing low enforcement actions, allowing certain individuals to avoid deportation despite their immigration status.
Severability → A legal principle allowing parts of a law or policy to be removed or invalidated without striking down the entire rule.

This Article in a Nutshell

DACA’s future hangs in balance as the Fifth Circuit’s January 2025 ruling limits benefits like work authorization but preserves deportation protections. Current recipients can renew status, yet uncertainty looms. Legal battles and congressional inaction leave over 500,000 Dreamers vulnerable. Only permanent legislation can secure stability for these young, vital community members.
— By VisaVerge.com