Protecting Dreamers: Response to Fifth Circuit Court of Appeals Remand of DACA Litigation

On October 5, 2022, a federal appeals court found the Deferred Action for Childhood Arrivals policy, known as DACA, in violation of U.S. immigration law.  The Fifth Circuit Court of Appeals upheld a lower court’s ruling that the program was illegal and remanded the case back to the lower court.   The lower court will now consider the Department of Homeland Security’s policy to codify DACA. 

Charlotte Center for Legal Advocacy calls on Congress to take action to provide permanent protection for “Dreamers”, those immigrants brought to the United States as children.  Since its inception as a temporary measure in 2012, the legal uncertainty surrounding DACA has left “Dreamers” to live in limbo with precarious immigration status.  The fate of the policy should be taken out of the court system and a clear path to citizenship must be created.

As Sharon Dove, Immigrant Justice Program Director shared:

“One thing we hear ‘Dreamers’ tell us is that they can’t take anything for granted. They can’t get attached. Their lives here are not permanent. And that’s just a terrible way that we make them live.”

This new court ruling will leave the current injunction in place, allowing those currently enrolled in the DACA program to renew their status.  However, new DACA applications will not be approved.  Those impacted by this decision are encouraged to contact their immigration lawyer for assistance. 

If you believe “Dreamers” deserve a clear path to citizenship, urge your members of Congress to act to develop permanent protections for immigrant youth: