No Borders NewsOn October 10, 2024, the U.S. Court of Appeals for the 5th Circuit heard oral arguments in a case brought by Texas and other states challenging DACA, the Deferred Action for Childhood Arrivals program.
Texas argued that DACA creates financial burdens for the state, pointing to possible increases in education, healthcare, and law enforcement costs. Texas’s position relies on “standing,” meaning the state must show it is harmed in a way the court can recognize, and Texas described those harms as indirect and tied to population changes rather than direct proof that DACA recipients caused specific costs.
The U.S. Department of Justice argued for keeping DACA in place. It said DACA recipients are authorized to work, which can lead to economic contributions and tax payments, and it disputed Texas’s claims that the program increases public costs. The government also challenged Texas’s standing and argued that a legal doctrine sometimes used to give states more room to sue (“special solicitude”) should not apply as broadly in this kind of case.
New Jersey and MALDEF, along with other intervenors, argued in support of DACA. They emphasized reliance interests, saying hundreds of thousands of people have built their lives around DACA, including many who have U.S. citizen children, and they warned that ending DACA would disrupt families and communities.
A key issue discussed was what remedy would be appropriate if the court were to rule against DACA—specifically whether a nationwide injunction would be justified or whether any relief should be limited to Texas. The hearing also touched on whether parts of DACA could be separated (“severability”) if one part were found unlawful.