Texas v. United States
U.S. Court of Appeals for the Fifth Circuit · No. 23-40653 (5th Cir.)
The Fifth Circuit held that deferred action itself — protection from removal — is a constitutional exercise of DHS's discretion and can apply nationwide, but that DACA's work-authorization component may exceed DHS's statutory authority and is severable from the rest of the program.
Decided
2025-01-17
Summary
The Fifth Circuit held that deferred action itself — protection from removal — is a constitutional exercise of DHS's discretion and can apply nationwide, but that DACA's work-authorization component may exceed DHS's statutory authority and is severable from the rest of the program. The case was remanded to the district court (Judge Hanen, S.D. Tex.) to issue a modified order consistent with that holding.
Current status
As of this writing, no modified district-court order has issued — whether and how work authorization for current DACA recipients is ultimately affected remains genuinely unresolved. The narrowed injunction from this ruling applies only within Texas; current recipients elsewhere can still apply to renew. Never predict how or when this will resolve.
Related: I-821D DACA — Renewals Only, Litigation Status Genuinely Unresolved
Read the primary source ↗Source: Justia: Texas v. United States, No. 23-40653 (5th Cir. 2025)
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