Immigration
Fifth Circuit Court Ruling on DACA Program Sparks Uncertainty Amid Continued Stay
By Attorneys Khushbu Patel and Dilip Patel
In a significant legal development, the U.S. Court of Appeals for the Fifth Circuit issued a ruling on Jan. 17, 2025, that challenges the legality of the Deferred Action for Childhood Arrivals (DACA) program, a policy designed to protect undocumented immigrants brought to the United States as children from deportation. The court’s decision arose from a lawsuit filed by the state of Texas, which has long sought to dismantle the DACA program, arguing that it was created unlawfully by the previous administration without congressional approval.
Despite the court ruling against the DACA program’s legality, a stay has been placed on this ruling, meaning that the current status of DACA remains unchanged — at least for now. This stay will remain in effect until further orders are issued either by the Fifth Circuit appeals court or the U.S. Supreme Court. As a result, active DACA recipients across the nation can continue to renew their status, while new applications are still on hold.
- Current DACA Status
The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will continue to accept and process DACA renewal requests, along with the accompanying applications for employment authorization, in accordance with the regulations outlined in 8 CFR 236.22 and 236.23. However, while USCIS will accept initial requests for DACA status, processing of these initial applications is currently suspended.
According to USCIS, current grants of DACA status and related Employment Authorization Documents (EADs) will remain valid until their expiration dates unless they are individually terminated. This means that the more than 500,000 DACA recipients nationwide, many of whom are actively contributing to the economy and society, can continue to work legally in the United States for the time being.
The agency has reported that it adjudicates the majority of DACA renewal requests within 120 days.
- Renewal Recommendations
USCIS has long encouraged DACA recipients to submit their renewal requests between 120 and 150 days (four to five months) prior to the expiration date indicated on their current Form I-797 DACA approval notice. This timeline is crucial to reduce the risk of a lapse in DACA status and employment authorization during the processing period. It is also important to note that submitting a request earlier than 150 days before the expiration date will not expedite the decision-making process.
- Potential Impact of DACA Elimination
The ongoing uncertainty surrounding DACA raises concerns about the potential implications for recipients and their families. The DACA program has been a lifeline for over half a million individuals, many of whom are employed and contributing to their communities. A significant number of these recipients are parents of U.S.-born children, who could face dire consequences if the program were to be eliminated.
Advocates warn that the elimination of DACA could lead to increased deportation risks for recipients, potentially resulting in family separations and a loss of employment. Such outcomes could exacerbate existing challenges, leading to negative physical and mental health implications for DACA recipients and their families. The stress of potential deportation, coupled with the loss of stable income and access to healthcare, could have lasting effects on the well-being of these families.
- Voices of Concern
Community leaders and advocates for immigrant rights have expressed deep concern over the Fifth Circuit’s ruling and its implications for DACA recipients. Many emphasize the importance of the program in providing stability and security for individuals who have grown up in the U.S. and consider it their home.
- Looking Ahead
As the legal landscape remains fluid, DACA recipients and their advocates continue to navigate the complexities of immigration policy, especially under the Trump administration, who previously spoke about eliminating the DACA program under President Trump’s campaign. Hence, with the current stay in place, there is a temporary reprieve for those currently benefiting from DACA, but the future remains uncertain.
In the absence of any legislative or presidential action, the next steps will depend largely on the actions of the Fifth Circuit and the potential for a Supreme Court review. As the nation awaits further developments, the fate of DACA and its recipients hangs in the balance, underscoring the ongoing debates surrounding immigration reform and the legal protections available to undocumented individuals in the United States.
In the meantime, DACA recipients are urged to stay informed about their status and to submit renewal requests within the recommended timeframes to ensure continued protection under the current program. If DACA recipients have any further concerns, it is important to contact an immigration attorney to discuss their options.
Dilip Patel of Buchanan Ingersoll & Rooney PC, a board-certified expert on immigration law, can be reached at (813) 222-1120 or email [email protected]
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.