The Supreme Court could control the future of 600,000 DACA recipients
The Supreme Court could decide within the next year whether to hear a case about the legality of the Deferred Action for Childhood Arrivals (DACA) policy.
In September 2023, Judge Andrew Hanen, a federal judge in the US Southern District of Texas, who issued a ruling declaring that the DACA program is illegal. While Judge Hanen’s most recent ruling does not impact DACA recipients’ current protections or their ability to continue to renew them, the decision is another cruel and disheartening indication that the courts plan to terminate this vital lifeline for hundreds of thousands of young immigrants and their families .
Judge Hanen’s ruling is not the final step. An appeal of his ruling has been filed, and is being heard by the Fifth Circuit Court of Appeals, which also previously ruled against DACA. Assuming the Fifth Circuit rules the same way again, the case will then likely be appealed up to the Supreme Court. The timing of the Fifth Circuit’s decision is unpredictable, however, and the timeline for the Supreme Court to respond to a request to review the case could range from anywhere from late 2024 to early 2025; if such a request is granted, the case may not be heard until spring 2025.
Considering the current makeup of the Court and its previous immigration decisions, there’s a good chance the Justices could also rule against DACA. If the Court ultimately upholds Judge Hanen’s ruling, and if the Court prohibits the government from processing DACA renewals, the 600,000 current DACA recipients could be stripped of their ability to work legally, and would be exposed to the threat of deportation.
If DACA renewals are ended, an estimated 1,000 DACA recipients will be forced out of their jobs every week for the next two years.
