On July 16, Texas United States District Court Judge Andrew Hanen ruled that DACA is illegal, preventing all new DACA applications from being approved. This decision jeopardizes the livelihoods and future of thousands of DACA-eligible youth.
Under the current DACA, recipients maintain their deferred action and work authorization. They can also continue to renew DACA, just like those who have been granted DACA in the past.
However, those initial DACA applications from first-time applicants will no longer be approved as of July 16, 2021. This includes applications that were pending but have not yet received an approval.
In summary, this decision specifies that:
- Current DACA recipients (approved on or before July 16, 2021) will NOT lose their deferred action or work authorization.
- Those who have previously been granted DACA can continue to renew.
- The Department of Homeland Security, or DHS, has a permanent obligation not to grant DACA to new applicants beginning July 16, 2021. First-time applications for DACA that were pending on July 16, 2021 will not be approved.
- Current enforcement policies have not changed.
- The Court forwarded the 2012 DACA memorandum and the DACA program that created DHS for reconsideration. The agency can develop a DACA policy that complies with the law.
DHS announced that it will comply with the order, but intends to participate in a rule-making process to preserve and strengthen DACA. The Department of Justice intends to appeal the order.
For more information on this issue or how it may affect you, we suggest consulting with attorney Sandoval.