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Fifth Circuit’s recent decision on DACA program

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January 19, 2025

Written By:

Marisol L. Pérez

On January 17, 2025, the Fifth Circuit Court of Appeals issued an important ruling on DACA. Here are the takeaways:

Importantly, the Fifth Circuit decision allows ALL current DACA recipients, no matter what State they reside in, to apply to renew their DACA status. This means current DACA recipients can continue to apply to DHS to renew their DACA grants.

The ruling also allows applicants to file their first or initial DACA application. However, those applicants residing in Texas are not qualified to receive work authorization.

Finally, the Fifth Circuit decision also upheld the part of DACA that permits federal officials to classify DACA recipients as low priorities for removal and to not remove them.

This is a dynamic situation that is subject to change. Please contact DMCA to evaluate how the ruling affects your situation.

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