Texas v. United States: Fifth Circuit Remands DACA Case to District Court

Key Point 

• The Fifth Circuit Court of Appeals has remanded the DACA case to the Southern District of Texas for further review under the Biden administration’s 2022 final rule 

DACA Legal Challenge – Case Remanded 

On September 30, 2025, the Fifth Circuit Court of Appeals issued a formal remand in State of Texas et al. v. United States of America et al., sending the case back to the U.S. District Court for the Southern District of Texas. This decision follows the Department of Homeland Security’s final rule, which codified the Deferred Action for Childhood Arrivals (DACA) program in 2022.

The remand directs the lower court to evaluate the legality of DACA under the updated regulatory framework. This case remains a key legal challenge to the future of DACA. It will determine whether the program can continue to protect eligible undocumented youth from deportation and provide work authorization.

Next Steps  

The district court will now reexamine the legality of DACA. This review will be based on the 2022 final rule issued by the Department of Homeland Security. Stakeholders should monitor the case closely. Its outcome could significantly affect the future of the program. It may also impact the status of current and prospective DACA recipients.

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