DACA on Trial: The Texas v. United States Case Explained

November 4, 2024

The Deferred Action for Childhood Arrivals (DACA) program has been a lifeline for hundreds of thousands of young immigrants brought to the United States as children. But as of late, it has faced legal challenges that put its future on shaky ground.

In the Texas v. United States case, the program is under intense scrutiny, leaving many DACA recipients and their families uncertain about what comes next.

Attorney Wogwu is here to break down this critical case and explain what it could mean for you.

What is DACA?

DACA is a policy introduced in 2012 that provides temporary relief from deportation and work authorization to eligible undocumented individuals who arrived in the U.S. as children. It does not grant citizenship or permanent residency, but it offers much-needed stability for those who meet the requirements.

Eligibility and Benefits

To qualify for DACA, individuals must meet the following criteria:

  • Entered the U.S. before their 16th birthday.
  • Lived continuously in the U.S. since June 15, 2007.
  • Were under the age of 31 as of June 15, 2012.
  • Are currently enrolled in school, graduated, obtained a GED, or served in the military.
  • Have no significant criminal record.

DACA recipients gain access to critical benefits, including:

  • Work permits allow lawful employment.
  • Social Security numbers.
  • State-issued driver’s licenses.
  • Opportunities to pursue higher education.

DACA by the Numbers

As of 2023, approximately 580,000 individuals are active DACA recipients. The program not only supports these individuals but also positively impacts their families, communities, and the broader U.S. economy by enabling participants to work, pay taxes, and contribute to society.

The Texas v. United States Case: A Timeline of Legal Battles

The Texas v. United States lawsuit, which began in 2018, has grown into a pivotal case for DACA’s survival. Here’s how it unfolded:

Origins (2018)

Texas and eight other states sued to challenge DACA, claiming it went beyond the president’s authority and broke the rules of the Administrative Procedure Act (APA). They claimed the program imposed financial burdens on states, particularly in areas like education and healthcare.

Plaintiffs’ Arguments

The states argue that DACA:

  1. Exceeds the executive branch’s authority.
  2. It was put in place without following the proper rulemaking steps required by the APA.
  3. Places undue financial strain on state resources.

Defendant’s Arguments

The Department of Justice (DOJ) and advocates for DACA defend the program by stating that:

  1. DACA fits within prosecutorial discretion, letting immigration officials focus their resources on higher-priority cases.
  2. It was implemented lawfully.
  3. It benefits not just recipients but the U.S. economy and society at large.

Key Rulings and Developments

  1. July 2021 District Court: A federal judge decided DACA was unlawful, saying it broke the rules of the Administrative Procedure Act (APA) and went beyond the president’s power. Current recipients could still renew, but no new applications were allowed.
  2. October 2022 Fifth Circuit: This court agreed with the district court, confirming that Texas had the right to sue and rejecting the idea that DACA is a proper use of prosecutorial discretion.
  3. September 2023 District Court: Judge Hanen stood by his earlier ruling, declaring DACA unlawful again, even after the Biden administration tried to make it official through new rules.
  4. October 2024 Fifth Circuit: Oral arguments were heard again, with the case likely heading to the Supreme Court regardless of this court’s ruling.

Current Status and Potential Outcomes

The future of DACA is uncertain, leaving recipients and advocates waiting for answers. While the program still operates in a limited way, its ultimate fate remains unclear.

DACA as It Stands Today

  • Renewals are still allowed for those currently enrolled in the program.
  • New applications are being accepted but not processed.
  • USCIS has put new applications on hold, leaving many in limbo.

Potential Outcomes

The legal battle could lead to several different outcomes:

  1. DACA Upheld as Legal: The courts could decide that DACA was properly implemented and remains within executive authority.
  2. Texas’s Standing to Sue Challenged: A ruling could focus on whether Texas and other states have the legal grounds to bring this case forward.
  3. Remand to District Court: The case might be sent back for additional review, extending the legal uncertainty.
  4. DACA Ruled Unlawful: A decision against DACA could end the program altogether, potentially stripping recipients of their protections.

Regardless of the Fifth Circuit’s decision, this case is likely headed to the Supreme Court, where the final verdict will have a lasting impact.

Impact on DACA Recipients

The ongoing uncertainty surrounding DACA has created significant challenges for those who depend on it. The possibility of the program ending has left many recipients facing difficult questions about their future.

Uncertainty and Anxiety

For DACA recipients, the constant legal back-and-forth has brought lots of stress. The uncertainty surrounding the program has made it hard for many to plan their lives. Questions about work, school, and even safety from deportation weigh heavily on those affected. The fear of losing protections that have allowed them to build a life in the U.S. is a daily burden.

Potential Consequences of Ending DACA

If the courts decide against DACA, the consequences could be far-reaching:

  • Loss of Work Authorization: DACA recipients rely on the program for the ability to work legally. Without it, many would face economic hardship and job loss.
  • Increased Vulnerability to Deportation: DACA doesn’t grant full legal status, but it protects recipients from deportation. If the program ends, they could face removal, particularly if other risk factors apply.
  • Disruption of Education and Careers: DACA has created opportunities for higher education and careers. Losing it could disrupt these plans, leaving many unable to pursue their studies or jobs.
  • Impact on the U.S. Economy: With thousands of DACA recipients working in various industries, ending the program could negatively affect workforce stability and economic growth.

The Importance of Proactive Planning

Now more than ever, DACA recipients should take steps to prepare for all possible outcomes. Attorney Wogwu advises recipients to:

  • Look into alternative immigration options that might be available.
  • Consult with an experienced attorney to fully understand their rights and legal situation.

Taking proactive steps can help ease uncertainty and create a clearer path forward, regardless of how the legal battles are resolved.

Concerned About Your DACA Status? Contact Wogwu Law Firm

The uncertainty surrounding DACA can feel overwhelming, but you don’t have to face it alone. Attorney Wogwu and her team are dedicated to helping Texas residents understand their rights and plan for the future. If you have questions about your DACA status, contact attorney Wogwu at 210-972-4480   to schedule a consultation.

At Wogwu Law, we’re committed to providing compassionate and effective legal support. Whether it’s renewing your DACA, exploring other immigration options, or understanding your legal rights, we’re here to help you every step of the way.