DACA Disrupted Again

On July 16, 2021, the U.S. District Court for the Southern District of Texas issued a permanent injunction on the Deferred Action for Childhood Arrivals (DACA) program which was issued by executive order under the Obama Administration.

Texas vs US is different from the cases under the prior administration's attempt to rescind DACA. Rather, Texas v. US was filed by a group of states (namely, Texas, Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia) which challenged the legality of the DACA program and its implementation.

Bad News and Good News

The bad news is the Court has permanently enjoined the DACA program, meaning that the Department of Homeland Security (which includes USCIS) may no longer grant DACA status to new applicants. However, the good news is that existing DACA recipients who obtained their status on or before the date of the Court's order (July 16, 2021) will be allowed to maintain and renew their status. The ultimate fate of thousands of Dreamers throughout the United States and the DACA program is yet to be determined.