DACA Litigation


  • On February 1, 2024, we filed an Amicus Brief in support of in support of MALDEF’s appeal in Texas v. United States, the DACA case now before 5th Circuit.
  • On November 9, 2023, the Administration and MALDEF filed respective notices of appeal in the case involving the legality of Deferred Action for Childhood Arrivals (DACA). The notice of appeal in Texas v. United States comes in response to the September ruling by U.S. District Judge Andrew Hanen. In that ruling, Judge Hanen concluded that the Biden Administrations’ 2022 rule formalizing DACA was unlawful. Under Hanen’s decision, all current DACA holders may continue to renew DACA and work authorization as the case moves forward on appeal. We will have more details on a briefing schedule in the coming weeks.
  • On September 13, 2023, U.S. District Court Judge Andrew Hanen found that the Biden Administration rule issued in 2022 that formalized DACA was unlawful. The Presidents’ Alliance issued this press statement highlighting what the higher ed community, the Biden Administration, and state leaders can do for Dreamers in the interim.
  • On June 5th, 2023, Judge Hanen heard oral arguments again for the DACA case—this time focusing on the Biden Administration’s DACA rule. The Presidents’ Alliance is awaiting the court’s decision.
  • In October 2022, in response to the Fifth Appeals Court decision on DACA, the Presidents’ Alliance issued this press statement to condemn the ruling and reiterate the urgency for Congress pass a permanent legislative solution with pathways to legal status for DACA and undocumented students. The Alliance also held a rapid response briefing to provide legal updates and resources for impacted students and the higher education community.
  • On December 15, 2021, the Presidents’ Alliance joined as a signatory on United We Dream‘s amicus brief in support of DACA. In total, there were 83 signatories in addition to UWD, including 60 colleges and universities.
  • On June 18, 2020, Presidents’ Alliance responded to the Supreme Court’s decision that the rescission of DACA was unlawful by issuing a press release.

Background: DACA Amicus Brief and Communications Toolkit

On October 4, 2019, the Presidents’ Alliance, in collaboration with Perkins Coie, filed an amicus brief in support of Deferred Action for Childhood Arrivals (DACA) and the consolidated cases in front of the Supreme Court of the United States.

The Supreme Court heard oral arguments on the case on November 12, 2019, with the decision later issued in June 2020.

On October 8, 2019, the Presidents’ Alliance and partners publicized the filing of the amicus brief through a press statement, social media, and other communications materials.

Below are the links provided for partners to download the final draft of the brief and a communications toolkit containing sample statements, social media, op-eds, and campus messages to publicize an institution’s participation in the brief.

Additionally, we shared a memorandum created by the #HomeIsHere campaign that outlines and summarizes all amicus briefs filed in support of DACA, including the list of 1,400 educational, legal, business, and non-profit signatories.

Last updated September 14, 2023.