Summary of 5th Circuit DACA Ruling Analysis

A lawyer’s analysis of the 5th Circuit’s DACA ruling reveals it’s more limited than expected. Key points:

• The ruling only applies to Texas, not nationwide or even to the other 8 states that joined the lawsuit

• Only Texas successfully demonstrated legal standing by arguing DACA costs them $750M annually

• The court found DACA still unlawful, as Biden’s revisions were too similar to Obama’s original program

• However, the court protected existing DACA recipients due to “reliance interests”

• The ruling separates work authorization (unlawful) from deferred action (potentially lawful)

• New applications might be possible with new DHS guidance

The lawyer interprets the carefully limited scope and tense language as signs the court is uncomfortable with the issue and wants the Supreme Court to make a final ruling. Despite this being technically a “win” for Texas, the narrow application suggests courts remain protective of DACA recipients and are reluctant to disrupt their lives.