DACA Update – Court Partially Ends DACA, Advocates Await Action
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On July 16, 2021, a U.S. District Court in Texas issued a decision ruling that the Deferred Action for Childhood Arrivals (DACA) program was created unlawfully and halted any new applications under the program from being adjudicated. The ruling was made after a group of states, led by Texas, sued to end the program. The court found that DACA violated the Administrative Procedure Act (APA). The ruling is now the latest chapter in the lengthy legal saga for the DACA program and has renewed calls by advocates for Congress to act on the issue.
What you need to know
The ruling by the court is another major setback for the future of the DACA program. Here are the most important pieces of information from the ruling:
Currently, if you have DACA, your status remains valid. Those who currently have DACA will retain their protection and work permit as long as they obtained DACA on or before July 16, 2021, including those with pending renewal requests.
The ruling also allows for DACA renewals to continue. Those who have DACA now or had DACA in the past can still file to renew their case. Renewal applications that are pending should be processed normally.
The ruling prevents USCIS from approving any requests for first-time DACA applicants. All DACA initial cases will remain on hold with USCIS until further notice, regardless of whether or not the person has attended their biometrics appointment. For those who have not yet attended their biometrics appointment, USCIS has canceled all future DACA biometrics appointments for first-time DACA applicants.
For those who have not yet submitted their initial application for DACA, the Court's decision does continue to allow individuals to submit their DACA application for the first time, but it prohibits USCIS from making a decision on the case.
Advance Parole will also continue for DACA recipients, according to USCIS. “All individuals whose DACA requests were granted prior to this decision will continue to have and be eligible to renew DACA and to request and receive advance parole, consistent with the court’s order. U.S. Citizenship and Immigration Services (USCIS) will provide additional specific operational guidance in the coming days.”
Following the ruling, USCIS issued the following update on its website:
“Consistent with this order, DHS will continue to accept the filing of both initial and renewal DACA requests and accompanying requests for employment authorization. However, pursuant to the July 16, 2021, order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, according to existing policy, DHS will continue to grant or deny renewal DACA requests.”
Advocates Call for Action
Following the ruling by the court, the Biden administration promised to appeal the decision, with Reuters news reporting, “Biden said in a statement that the Justice Department will appeal Hanen's ruling. The Democratic president also said the Department of Homeland Security, which oversees immigration issues, will soon issue a new regulation intended to strengthen DACA's legal standing.”
"Yesterday's federal court ruling is deeply disappointing," Biden said. "While the court's order does not now affect current DACA recipients, this decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future."
"But only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve," added Biden.
The ruling was slammed by advocates, many of whom are tired of DACA facing years of uncertainty in the courts. The Home Is Here Coalition, which includes immigrant advocacy groups like United We Dream, released a statement calling the court's decision “cruel and malicious.” The group added, “This decision is a reminder that DACA has never been enough to protect immigrant communities who continue to be at risk of deportation.”
The ruling resulted in many activists calling on Congress to take action to resolve the question of DACA’s fate once and for all. Activists took to Twitter to demand Congress take action and pass legislation providing Dreamers a pathway to citizenship.
Unfortunately, the prospect of a Congressional solution to this issue remains daunting. While Democrats control the Senate and House by slim margins, they don’t have the 60 votes necessary to overcome a Republican filibuster and advance legislation without a prearranged deal. However, Democrats may include a pathway to citizenship for DACA recipients in a forthcoming $3.5 trillion dollar spending package that would pass the Senate by a simple majority using a process called budget reconciliation.
For now, if you or a loved one have questions about how the decision may affect your immigration status, please be sure to reach out to a qualified legal representative and have an individual assessment of your case.