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DACA Goes to the 5th Circuit Court (Again)—What Happens Now?

On August 26, 2024, the Fifth Circuit Court of Appeals announced that they will hear oral arguments on DACA on October 10, 2024 in the Texas v United States case. Here’s what that means:

What’s been happening with DACA?

The legal challenges against the DACA Program have spanned years! DACA remains under attack in the courts by right-wing politicians who are hellbent on ending the program. If they are successful in killing DACA, hundreds of thousands will be left in limbo, lose their ability to work, and be in danger of detention and deportation.

What happens now?

  • At the hearing, all parties (plaintiffs and all defendants) will have a chance to speak to the judge and make their case. The Home is Here Coalition will be at the hearing and outside, making our own voices heard!
  • Any time after the hearing, the 5th Circuit Court will release their ruling on DACA. They have ruled against DACA in the past, and could do so again, ending DACA as we know it. There is no timeline from when the court will release their ruling after the hearing. 
  • If the court rules against DACA, the Biden Administration and Advocates can appeal the decision to the Supreme Court of the United States.
  • No matter what the court says, we know that DACA is right and legal. We have won before! We WILL do it again!

What does this mean for DACA recipients?

  • DACA recipients should continue to apply for renewals within the recommended time frame (120-150 days before expiration) and look into any new pathways that might have opened for them, such as the new Keeping Families Together Parole in Place program.
  • Even if the Fifth Circuit Court rules against DACA, they will likely continue to allow for renewals until the case is resolved at the Supreme Court.

What can we do?

  • Demand Action! President Biden does not have to wait for the 5th Circuit Court to rule against our lives yet again before strengthening and expanding protections for all immigrants and keeping our families together. He can and must deliver NOW! 
  • Our families deserve to live in certainty and without fear. Sign our petition and demand the Biden Admin strengthen and expand protections for DACA recipients, DACA-eligible and non-eligible youth, and all others who call this country their home.

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