Immigration Equality Denounces Fifth Circuit Court Ruling Against DACA

New York, NY (October 7th, 2022)— On Wednesday, the U.S. District Court of Appeals for the Fifth Circuit ruled against the Deferred Action for Childhood Arrivals (DACA) policy finding it unlawful and sending it back to the lower court to decide the legality of the Biden Administration’s new DACA regulation, which is set to go into effect later this month. For the time being, current DACA holders are able to keep their status and renew it, although new applications will not be accepted. However, the future of DACA is in grave danger and it is likely that the court will once again find DACA unlawful and will terminate the program once and for all. This will destroy the lives of hundreds of thousands of young people—or Dreamers—who arrived in the United States as children and for whom this is the only home they have ever known.

In response to this ruling, Immigration Equality issues the following statement­:

“We strongly disagree with the Fifth Circuit’s decision and condemn the impact it will have on Dreamers and their families. Since President Obama announced DACA in 2012, it has provided hundreds of thousands of Dreamers with the ability to earn a living and permission to stay in the country they call home. DACA has proved to be a successful, commonsense policy that has improved our economy, transformed lives, and strengthened our nation. For many LGBTQ Dreamers, it has been a critical lifeline protecting them from deportation to countries they may not have set foot in since childhood and where their lives are in danger due to their LGBTQ status.

This ruling is a wake-up call. DACA was never a permanent solution, and it is time for our elected officials to follow through on their promises to protect Dreamers. Congress and the Biden administration must act immediately to ensure passage of legislation that provides permanent protections for Dreamers, including a pathway to citizenship.”

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Immigration Equality promotes justice and equality for LGBTQ and HIV-positive immigrants and families through direct legal services, policy advocacy, and impact litigation.