On July 16, Judge Andrew Hanen of the U.S. District Court of Texas ruled that DACA is illegal, preventing all new DACA applications from being approved. This decision jeopardizes the livelihoods and futures of thousands of DACA-eligible youth.

Under current DACA recipients will retain their deferred action and work authorization, those who have been granted DACA in the past can continue to renew DACA. However, those initial DACA applications from first-time applicants will no longer be approved as of July 16, 2021. This includes applications that were in the pipeline 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 previously granted DACA may continue to renew.
• The Department of Homeland Security, or DHS, has a continuing obligation not to grant DACA to new applicants after July 16, 2021. First-time DACA applications that were pending on July 16, 2021 will not be approved.
• Nothing in the order changes current enforcement policies.
• The Court remanded the 2012 DACA memorandum and the DACA program it created to 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 engage in a rulemaking 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.