(Il)legally Exhausted
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Abstract
On October 5, 2022, the United States Fifth Circuit Court of Appeals announced its ruling on Texas v. United States, which found the Deferred Action for Childhood Arrivals (DACA) memorandum (and program) illegal. The Fifth Circuit Court of Appeals ordered the United States District Court for the Southern District of Texas to rule on the legality of the Biden Administration’s Final Rule on the program, which the Department of Homeland Security publicized in late August and is under review and set to take effect on October 31, 2022. On October 14, the United States District Court for the Southern District of Texas also found DACA illegal. However, Judge Andrew Hanan extended the temporary order allowing current recipients to renew their permits until further notice. The future of DACA remains uncertain, yet the anxiety, exhaustion, numbness, and tiredness that stem from its legal terrorism remain real for those who benefit from the program. In this essay, the authors, two undocumented immigrant educators with DACA, reflect on their experiences with DACA, the meaning of the latest rulings, their futures, and the responsibility of higher education institutions to their undocumented immigrant students and professionals.
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