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Decision on New and Renewing DACA Applications

  • DACA

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

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that DACA’s policy “is illegal.” The court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims, reversed the June 15, 2012 DACA memorandum issued by former Homeland Security Secretary Janet Napolitano, forwarded the memo to DHS for further consideration, and issued a standing court order prohibiting the government from continuing to administer DACA and redeploy DACA without compliance with the APA. The Court, however, temporarily suspended its order null and voiding the DACA memorandum and its court order with respect to individuals who obtained DACA on or before July 16, 2021, including those with renewal applications.

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

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