CAPAC Chair Statement on Fifth Circuit DACA Ruling

Oct 6, 2022 Issues: Immigration

Washington, D.C. – Yesterday, the Fifth Circuit Court of Appeals in Texas v. United States ordered a lower court review of the Deferred Action for Childhood Arrivals (DACA) program. This ruling upholds the initial findings of U.S. District Judge Andrew Hanen that DACA is illegal. While the program remains intact for current recipients, Judge Hanen’s order blocks new applications from being approved. In August, the Biden Administration finalized a rule to codify the DACA program that was subject to public comments as part of a formal rule-making process. This rule is set to go into effect on October 31st. The Appeals Court has asked the lower court to review its decision based on the revisions in the Administration’s new rule.

Nearly two-thirds of Asian Americans are foreign-born, and although AAPIs make up 7% of the total U.S. population, they account for 16% of the undocumented population. CAPAC Chair Rep. Judy Chu (CA-27) released the following statement:

“Yesterday’s court decision declaring DACA unlawful is morally wrong and puts the future of 600,000 DACA recipients, including tens of thousands of AAPIs, across the country in jeopardy. While the ruling keeps the existing program in place, we cannot continue to allow DREAMers to live in fear with an uncertain future both for themselves and their loved ones. These brave young people are Americans in every way — except on paper. I urge my colleagues in the Senate to act swiftly-it has never been more critical that they consider the House-passed American Dream and Promise Act to protect DACA recipients and keep families together.”