An ongoing legal case threatens to strip work authorization from DACA recipients in Texas, leaving them on edge and in a state of limbo. The U.S. Fifth Circuit Court of Appeals ruled that while the federal government can protect DACA recipients from deportation, it’s illegal to grant them work permits, with the ruling applying only to Texas as the only state that proved DACA caused it financial harm.
What changed
Texas joined several states in 2018 in a lawsuit against the federal government attempting to end DACA, claiming the program is unlawful and costs the state money by providing recipients with public services. The Fifth Circuit ruled that the federal government can protect DACA recipients from deportation, but that granting them work permits is illegal, with the ruling applying only to Texas as the only state that proved DACA had caused it financial harm.
The case is now before Houston-based U.S. District Judge Andrew Hanen, who will review the Fifth Circuit Court’s guidelines. No deadline has been set as to when Hanen could offer a final ruling.
Why it matters
With 89,000 DACA recipients in Texas contributing $6 billion in spending power and paying $1.3 billion in taxes, most of them would probably have to leave the state if they weren’t able to renew their work authorization.
If Judge Hanen upholds the Fifth Circuit’s logic and strikes down work authorization in Texas, practitioners advising renewal clients must prepare for a material shift in eligibility. Law enforcement in Texas could potentially pursue DACA recipients if they fall out of work authorization. Advocates are concerned the case could set a legal precedent for other conservative states; if other states follow Texas in stripping DACA recipients of the ability to work, 530,000 people could be forced out of the labor market in two years.
Way forward
- For Texas DACA holders: Monitor your renewal timeline carefully. If your work permit is approaching expiration, consult with an immigration attorney about filing strategy while the ruling is pending.
- For employers: Review your workforce for DACA beneficiaries in Texas. Track the Hanen decision closely, as work authorization status may shift materially once he rules.
- For practitioners: Stay alert to Hanen’s order, which could come at any time. Prepare renewal packets now to ensure clients can file immediately if the window closes or new conditions apply.
- Follow appellate developments: Plan for appeals beyond Hanen’s ruling. The ultimate outcome may rest with the Fifth Circuit or Supreme Court.
Disclaimer
This article is educational and does not constitute legal advice. The information reflects the judicial status as of the publication date, but immigration policy can change without notice, and federal courts may issue new orders at any time. Practitioners should verify current law against the source article and consult licensed immigration counsel before advising clients on renewal or employment eligibility. The Fifth Circuit ruling reported here applies only within the Fifth Circuit’s jurisdiction; practitioners outside Texas should monitor their own circuits for similar developments.