On July 16, 2021, The U.S. District Court for the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals program (DACA) is unlawful, finding it violates the Administrative Procedure Act. The court’s decision bars the U.S. government from approving new DACA applications but leaves DACA intact for those who are already a part of the program. Existing DACA recipients will be able to continue to renew their DACA every two years as required, as long as the court’s order is in effect. Meanwhile, USCIS has updated its website that it is “taking immediate steps to comply with the July 16, 2021 order” and that “more specific information will be available shortly.”

President Biden issued a statement on Saturday announcing that the Justice Department intends to appeal the court’s ruling. He expressed that the court’s decision was “deeply disappointing” and that the Department of Homeland Security will issue a proposed rule concerning DACA “in the near future.”  He emphasized that he has repeatedly called on Congress to pass the American Dream and Promise Act, and that he is “renew[ing] that call with the greatest urgency.”

The DACA program has been repeatedly challenged since it was first created in 2012, so Friday’s court ruling is not altogether unexpected, although it does highlight the continued need for congressional action in this area. As President Biden expressed in his statement, “only Congress can ensure a permanent solution by granting a pathway to citizenship for Dreamers.”

While the House approved legislation in March 2021 to create such a pathway, the bill has since been stalled in the Senate. A provision for DACA could also be included in the budget legislation Democrats are looking to pass this year, but the contentious nature of the DACA program means any such provision may not easily survive. ILBSG remains hopeful that this recent court ruling will motivate our lawmakers to swiftly come together to finally pass meaningful immigration reform in this area, to end the uncertainty and fear which has burdened affected young immigrants for almost a decade.

Notably, in December 2020, a United States District Court issued an order requiring the Department of Homeland Security to reinstate DACA and begin accepting applications for new DACA requests, following a prolonged attempt by President Trump to end the program. Since December 2020, 62,000 first-time DACA applications have been filed. However, due to significant backlogs and delays at USCIS, only 1,900 had been adjudicated as of May 31, 2021. For those still waiting on a decision, Friday’s court order is particularly unsettling. While it is likely that USCIS will have to adjudicate those applications since they were eligible at the time of filing, we won’t know for certain until USCIS posts official guidance on how it is complying with the order.

ILBSG is closely monitoring this situation and will keep its clients updated with any new developments. Contact us if you have questions about DACA or any other immigration-related issues.

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