Fifth Circuit Court Fails to Fortify DACA, Sends Issue Back to Lower Court to Consider New Rule

(San Francisco, CA)--The Fifth Circuit Court of Appeals on Wednesday failed to fortify the DACA program, and ordered a lower court to review the program in light of the final rule issued by the Biden Administration that is set to take effect on Oct. 31. 

Current DACA recipients can renew their status and apply for advance parole, but the ruling continues to block new applicants from being granted DACA. The Fifth Circuit has urged the lower court to issue an opinion on the final rule as soon as possible.  

“This ruling ignores the thousands of newly graduated high school and college graduates - most of whom have never known any country but the United States - and leaves them in a perilous legal situation,” said Veronica Garcia, a staff attorney with the Immigrant Legal Resource Center (ILRC).  “We urge those who can continue renewing their application to do so at least 120 days before their expiration date, to ensure a timely response from USCIS.” 

“DACA has always been a temporary solution for immigrants who arrived in the country at a young age. As legal experts, we continue to urge Congress to create permanent solutions for all immigrants to ensure none are left in the perilous road DACA has been on for the past decade,” Garcia said.

The ILRC strongly recommends those in this position to find trusted legal services that may help them examine any other potential pathways to legal relief by visiting

For continued updates on DACA, visit


The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals, and policy makers to build a democratic society that values diversity and the rights of all people. Through community education programs, legal training & technical assistance, and policy development & advocacy, the ILRC works to protect and defend the fundamental rights of immigrant families and communities. Follow us at, and on Twitter and Instagram @the_ILRC