In a sad decision, a federal judge in the Southern District of Texas ruled on Friday that Deferred Action for Childhood Arrivals, or DACA, is unlawful under its current terms. The court granted Texas’ request for a permanent injunction and vacated the 2012 Memorandum that created DACA. Most of the news is not bad though.
Here’s what you need to know:
- Current DACA recipients (approved on or before July 16, 2021) will NOT lose their deferred action or work authorization.
- They may also continue to renew DACA, as may those who have been granted DACA in the past.
- Initial DACA applications from first-time applicants may still be filed but 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.
- DHS announced it will comply with the order but intends to engage in a rulemaking process to preserve and fortify DACA.
- Nothing in the order changes current enforcement policies. In other words, this decision does not make it more likely that DACA recipients will be deported.
- The Department of Justice intends to appeal the order.