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Update on DACA program following 5th U.S. Circuit Court of Appeals decision

Last week, the 5th U.S. Circuit Court of Appeals affirmed a 2021 decision by a Texas federal judge ruling the original Deferred Action for Childhood Arrivals program unlawful.

On Wednesday, the 5th U.S. Circuit Court of Appeals affirmed a 2021 decision by a Texas federal judge ruling the original Deferred Action for Childhood Arrivals program unlawful. However, the decision continues in place the status quo, which allows those already enrolled in DACA to renew their status.

The appeals court also sent the case back down to the district court to reconsider its decision because, in August, the Biden Administration issued a new DACA rule. The new rule replaced the 2012 memo that had guided the Deferred Action for Childhood Arrivals program for 10 years, and was intended to bolster the program’s legality.

“The uncertainty of this program’s future is unnerving,” said Dean of Students Mona Hicks. “We want students to know there are people here at Stanford who are able to offer their support and care and can guide you through the various resources available on and off campus.”

For nearly 600,000 immigrants who were brought to the U.S. as children, the Obama-era DACA program provides work permits, Social Security numbers, and, for some, financial aid for education.

Over the years, Stanford has and will continue to urge Congress to move forward with the necessary legislative solution, including a pathway to citizenship, for the nation’s DACA recipients, undocumented youth, and for others throughout the country who have long called America home. Background on the university’s advocacy efforts is available at https://undocumented.stanford.edu/legal-guidance-and-services/university-advocacy.