Updated July 19, 2021
The Deferred Action for Childhood Arrivals (DACA) program received another major setback on July 16 with a negative ruling issued by District Court Judge Hanen in Texas v. U.S. This fight is far from over, and at NIJC we are committed to continuing our advocacy for a fully inclusive path to citizenship for all undocumented people.
Here is our recap of Judge Hanen’s decision and its impact on people who are DACA eligible and/or have DACA applications pending before U.S. Citizenship and Immigration Services (USCIS):
- Judge Hanen found the DACA program to be unlawful, but DACA renewals may continue for now. The judgment vacates (or cancels) the DACA program. However, the judge also issued a preliminary injunction which stays (or delays) the judgment for DACA renewals. This means that even though the judge found DACA to be unlawful in its entirety, people who already had approved DACA status prior to 7/16/2021, can continue renewing DACA for the time being. If the judgment ever becomes final (the federal court appeal process ends or the stay is lifted by another court) then DACA renewals will also stop and USCIS will no longer accept or rule on renewal applications.
- USCIS can continue accepting new, initial DACA applications but cannot process them. This means that USCIS will not reject initial DACA applications, but USCIS cannot issue a decision on them either.
NIJC's updated DACA resources: