Federal District Court Rules Against DACA Program

On July 16, 2021, the U.S. District Court for the Southern District of Texas declared the DACA program “illegal” and issued a permanent injunction prohibiting the government’s continued administration of DACA and its reimplementation as the program does not comply with the Administrative Procedure Act (APA). However, the Court temporarily stayed its order vacating the DACA memorandum and its injunction with regards to individuals who obtained DACA on or before July 16, 2021.

The Department of Homeland Security (DHS) will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. DHS will continue to grant or deny renewal DACA requests, according to existing policy.

Please contact Iandoli, Desai, and Cronin P.C. (info@iandoli.com) to schedule a consultation if you have questions about the recent DACA ruling.