Decision Regarding DACA in the Case State of Texas, et.al., v. United States of America, et.al., 1: 18-CV-00068, (SD Texas July 16, 2021) (“Texas II”)

On July 16, 2021, the United States District Court for the Southern District of Texas held that the DACA policy "is illegal." The court granted summary judgment on the plaintiffs' Administrative Procedure Act (APA) claims, revoked the June 15, 2012 DACA memorandum issued by former Homeland Security Secretary Janet Napolitano, forwarded the memorandum to DHS for additional consideration, and issued a permanent injunction prohibiting the government from continuing to administer DACA and re-implementation of DACA without compliance with the APA. The Court, however, temporarily suspended its order nullifying the DACA memorandum and its court order regarding individuals who obtained DACA on or before July 16, 2021, including those with renewal applications.

In accordance with this order, DHS will continue to accept initial and renewal DACA applications, as well as employment authorization applications filed with them.. However, pursuant to the order of July 16, 2021 of the Southern District of Texas, DHS is prohibited from granting initial DACA applications and the accompanying employment authorization applications.  Additionally, pursuant to that order, DHS will continue to grant or deny DACA renewal requests, in accordance with existing policy.