Jul 6, 2022

Washington, DC – Today, the 5th Circuit Court of Appeals is hearing  oral arguments on Texas v. United States. The hearing will consider an appeal from the Biden administration of a federal district court judge that declared last summer that the Deferred Action for Childhood Arrivals (DACA) program was unlawful and blocked new DACA applications from being processed. The National Partnership for New Americans (NPNA), a multiethnic, multiracial coalition of 60 of the nation’s largest immigrant and refugee rights organizations working across 40 states, urges the three-judge panel to consider what’s at stake for millions of people, including DACA recipients, DACA eligible youth, our families, friends, and our country as a whole, and the devastating impacts of affirming the lower court ruling.

“DACA was created thanks to the efforts of undocumented, young people of color and is evidence that when we organize, we win,” said Nicole Melaku, executive director of NPNA. “Its lawful creation allowed hundreds of thousands of people to finish school; work, including the majority of DACA holders as essential workers; and have protections against deportation. A negative ruling from the Fifth Circuit Court of Appeals could upend all of this and continue the cruel practice of forcing DACA holders to live from court decision to court decision, with little stability or accountability from elected officials. Congress must deliver a permanent, legislative solution by creating a road to citizenship for all 11 million undocumented people, including DACA holders.”

Today’s oral arguments come after years of Congressional inaction legislation for DACA holders and others; as the Biden administration is finalizing a DACA regulation, which would create a legal basis separate from the Obama administration-era memorandum that is being litigated; and as the midterm elections draw near and eyes go to swing states with significant immigrant populations and DACA holders like Nevada. 

“Over the last few years, we’ve lived with the constant threat of losing DACA for one reason or another, said Erika Castro, organizing director at the Progressive Leadership Alliance of Nevada (PLAN). “Our communities have managed to thrive regardless of this uncertainty, but the unpredictable nature has caused unnecessary turmoil in many of our lives. It’s past overdue for Congress to provide permanent solutions for our undocumented families and finally create an equitable pathway towards citizenship.”