BAL joined a group of more than 40 companies this week in urging a federal appeals court to preserve Deferred Action for Childhood Arrivals (DACA).

Texas and a group of other states are challenging DACA’s legality in a case now before the Fifth Circuit Court of Appeals. In a friend-of-the-court brief, the companies said that DACA is lawful and that invalidating it would harm U.S. businesses and the economy.

“DACA recipients have helped to drive and sustain the American economy by filling crucial labor shortages, creating new businesses, spending their incomes on American products and services, and paying taxes,” the brief said.

The case is before the Fifth Circuit after a district judge ruled in July that the Department of Homeland Security (DHS) did not follow proper procedures when it created DACA in 2012. The Justice Department appealed the ruling in September.

On a separate track, the Biden administration has taken steps to “preserve and fortify” DACA through the regulatory process. A proposed regulation drew more than 16,000 public comments, including strong support from the business community. DHS will now review the comments before publishing a final regulation.

BAL Analysis: BAL will continue to follow the DACA litigation as it moves through the appeals process. Under the July ruling, DHS cannot approve any first-time DACA grants, but DACA recipients are able to file renewal requests and for employment authorization. For more information, please visit BAL’s DACA Resource Center here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact

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