New York, NY—Today, the Fifth Circuit Court of Appeals is set to hear oral arguments for the Deferred Action for Childhood Arrivals (DACA) program, which has provided protection from deportation to 31,000 undocumented New Yorkers who came to the United States as children.
Murad Awawdeh, President and CEO, New York Immigration Coalition:
“Today’s proceedings represent a critical moment for long-established immigrants who have been enriching our diverse communities, building businesses, and contributing to our nation’s cultural and economic fabric. DACA is a lifeline for hundreds of thousands that ensures that families can live without fear of being separated from their loved ones, removed from their communities, or forced to abandon their homes and livelihoods. While the program remains under threat, the uncertainty of its future is depriving long-term immigrants the stability they need to grow their families and futures. Ending DACA would destabilize our communities, instill fear, and undermine America’s core values of family unity and opportunity. We urge the court to uphold DACA and to ensure that long-term immigrants receive the security and dignity they deserve. Additionally, it is time for Washington to enact compassionate and humane solutions for our immigration system, and to protect and strengthen the programs that empower immigrants to thrive. Congress must establish a real pathway to citizenship for recipients so they can build real futures in their homes.”
Background on DACA:
For over a decade, DACA has been a lifeline for over 800,000 recipients who arrived in the United States at a young age. DACA has enabled recipients to pursue higher education, become homeowners, and earn higher livable wages. The Fifth Circuit's decision could lead to the elimination of DACA, destabilizing 31,000 New Yorkers’ lives who have contributed $3 billion to the state’s economy. DACA recipients are a key part of the New York economy and labor force: 87% are currently in the labor force, 97% have a high school diploma, 53% have some college education, 32% are married, and 28% have children.
In September 2023, U.S. District Court for the Southern District of Texas ruled in Texas v. United States that the DACA program is unconstitutional. DACA is still in effect and renewable for people enrolled, but is not accepting new applications. Previously, in October 2022, the Fifth Circuit Court of Appeals had remanded Texas v. United States back down to the U.S. District Court for the Southern District of Texas after the Biden administration issued an updated rule on DACA in August 2022, which had been made in response to a July 2021 ruling that DACA was illegally implemented.
Created in 2012 under President Obama, DACA has been the subject of litigation since the Trump administration announced it was ending the program on September 5, 2017. Several lawsuits were filed against the administration for terminating DACA unlawfully. As a result, three nationwide injunctions issued by U.S. district courts — in California, New York, and the District of Columbia — have allowed people who have previously had DACA to renew their deferred action.