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

A federal judge has once again ruled the DACA program illegal, but those who are already enrolled can keep and renew their status.

A Texas-based federal judge has ruled the Obama-era Deferred Action for Childhood Arrivals program illegal for the second time. The decision, however, keeps in place the status quo, which allows those already enrolled in DACA to both keep and renew their status.

Wednesday’s ruling has been several years in the making. In 2021, U.S. District Judge Andrew Hanen ruled the program illegal. However, the decision was appealed and in fall 2022, the 5th U.S. Circuit Court of Appeals court sent the case back down to the district court to reconsider because the Biden Administration had issued a new DACA rule earlier that year.

Since Wednesday’s decision was announced, the Biden Administration has released a statement expressing disagreement with the District Court’s decision stating it “will continue to defend this critical policy from legal challenges.”

Stanford has and will continue to actively advocate for Congress to move forward with a 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.

“We recognize that the uncertainty of the program’s future may be unsettling, but we want our campus community and students to know that there are people at Stanford who support them and can help provide resources both on and off campus,” said Susie Brubaker-Cole, vice provost for student affairs.

Background on the university’s advocacy efforts and support resources are available on the Undocumented at Stanford website, which will continue to be updated. Students needing assistance connecting with resources related to DACA or undocumented status may reach out to fordreamers@stanford.edu. The inbox is secure and will be answered by Student Affairs staff.