The Volokh Conspiracy
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MALDEF Chooses Not To Seek Cert in DACA Case, But The Injunction Will Be Limited To Texas
"DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas"
Nearly thirteen years after it was announced, DACA will come to an end--in Texas. In March 2025, the Fifth Circuit ruled that DACA was unlawful, but the ruling was limited to the only state found to have standing: Texas. The deadline for MALDEF and other groups to file a cert petition and come and gone. The organization announced that they did not seek cert, in an effort to limit any ruling to Texas and avoid a national ruling.
"Yesterday was the extended deadline for any party to file with the United States Supreme Court seeking discretionary review of the Fifth Circuit's January 17 decision in Texas v. United States, the longstanding Texas-driven challenge to Deferred Action for Childhood Arrivals or DACA. None of the parties – the state of Texas and other plaintiff states, the United States, the intervenor state of New Jersey, and the intervenor DACA recipients, who have been represented by MALDEF throughout the case – filed a petition seeking Supreme Court review. Thus, the Fifth Circuit decision of January 17 is now final.
"As a reminder, that decision held that DACA's protection from removal or deportation is a lawful exercise of presidential discretion, and therefore may be granted in response to new and renewal applications throughout the entire country. The Fifth Circuit panel also concluded — erroneously in MALDEF's view — that work authorization granted through the DACA process is not permissible; however, the court limited the implementation of that decision solely to the state of Texas. The result is that, following implementation of the Fifth Circuit decision, DACA and work authorization should be available to those renewing and those newly applying for DACA in the 49 states other than Texas.
"The district court in the Texas case will initially determine how to implement the Fifth Circuit decision. That determination should begin soon through a process of consultation and debate among all the parties before the district court. With respect to the issue of work authorization for DACA holders residing in Texas, MALDEF will be advocating for an extended period of implementation that is respectful, to the maximum extent possible, of the important reliance interests identified by the Supreme Court in its 2020 decision rejecting the first Trump administration's rescission of DACA. In any event, the implementation is likely to be phased in over a significant period of time. Thus, no DACA holder in Texas should be in danger of losing work authorization imminently."
Contrary to what some critics may think, the Fifth Circuit has been trending towards limiting relief to plaintiff states. Other circuits should take note.
President Trump has shown no interest in terminating DACA, so this policy likely will remain in effect in 49 states.
