Fifth Circuit Court Hears Arguments on Future of DACA and Impact on Texas Dreamers

On Thursday, the Fifth Circuit Court of Appeals heard oral arguments concerning the future of the Deferred Action for Childhood Arrivals (DACA) program. This program safeguards an estimated 27,000 Dreamers in Houston who arrived in the United States as minors. Texas and eight other states instituted a six-year legal battle in 2018 to terminate DACA, alleging it places an undue financial burden on the state. This hearing is a significant moment in that ongoing legal battle.

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Outside the New Orleans courthouse, DACA recipients and immigrant advocates convened to monitor this critical legal dispute. The dispute has the potential to impact the work permits and deportation protections of 528,000 individuals across the country. Houston, which is home to the fourth-largest DACA population in the United States, is expected to be significantly affected by the outcome.

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During the proceedings, DACA was defended by attorneys from the U.S. Department of Justice, the Mexican American Legal Defense and Educational Fund (MALDEF), and the State of New Jersey against the State of Texas. The judges discussed Texas's legal standing to challenge the federal policy, the validity of financial harm claims, and the potential for partial judgments on the program.

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Representatives of MALDEF emphasized that DACA recipients, who have exited the K-12 education system, have improved their access to health insurance through their work permits, which contradicts Texas's assertions of financial duress. Meanwhile, Texas maintained its legal authority to challenge DACA, citing a previous legal victory against a comparable program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).