On Friday, July 16th, 2021 a federal judge in the southern district of Texas issued a national injunction that made the Deferred Action for Childhood Arrivals (DACA) program unlawful. Judge Hanen cited procedural errors in the making of DACA as the reason for the ruling.
The judge stated 3 important things in the ruling.
1
DACA is still valid for current holders
All current holders of DACA will still be valid. If you have already been granted DACA, it will not be taken away. This also means that work authorization and advance parole will also be valid.
2
DACA renewals will be processed
The US government will continue to process DACA renewals. If you are a current DACA recipient, you can continue to submit your renewal applications for DACA and work authorization and they will be processed.
3
New DACA applications will NOT be processed
USCIS will not be processing initial, or new, DACA applications as of July 16th, 2021. If you already submitted an application, but it has not been approved, it will be put on hold until further notice. USCIS will continue to accept the applications I-821D and I-765, but no processing will be done.
Not the End of DACA
Although Judge Hanen granted the injunction, he acknowledged the widespread public support for DACA recipients. He suggested that support for DACA be directed at Congress, which has the power to create permanent immigration legislation. The Biden administration wants to fight to keep DACA, and the decision from Judge Hanen in Texas will be appealed.
While we cannot guarantee any outcome of these appeals, this is not the end of DACA. If you are a current DACA recipient, you can continue to submit your renewal applications for DACA and work authorization and they will be processed.
Speak to an Attorney
If you are unsure how this new ruling will affect your DACA application, please speak with a trusted attorney.
Last updated: 07-28-2021
Immigration law is always changing. We will do our best to keep our website as up-to-date as possible, but the latest information might be more readily available at USCIS.gov. These pages were written to help you better understand your legal options, however, none of the information published by Catholic Charities Milwaukee should be considered legal advice. If you plan to open your own immigration case, hire an immigration attorney to consult you personally.
