The Biden administration’s appeal of a lower court order to continue accepting new Deferred Action for Childhood Arrivals (DACA) applications has been refused. The lower court order stopped the government from accepting new applications for DACA while a replacement rule is put in place.

The administration claims a stay is needed in order to finalize the details of a new program that will supersede the original DACA program, first introduced in 2012. The replacement program, the administration claims, will affect how the appeal is resolved in the future and as such, the stay is required. A circuit judge declined the request, with no explanation.

The appeal was introduced after a Texas federal judge issued a permanent injunction, blocking approvals of new applications.

DACA is intended to protect individuals who came to the U.S. as children, without documentation, who have grown up in the country. These individuals are referred to as ‘dreamers.’

The DACA program has long been the subject of challenges. The program was reviewed by the U.S. Supreme Court under the Trump administration and was upheld. However, the Texas federal judge stated DACA violates the federal immigration law.

The U.S. Department of Homeland Security (DHS) proposed rules to replace the DACA program in September 2021. DHS states the rules address the court APA issues and remove the requirement for work authorization as well as providing a severability provision and several other adjustments. Further, they state additional changes are likely following the public comment period. The lower court ruling allows existing DACA holders to retain their status. Under that ruling, the government can continue to accept new applications, but can’t grant them.

ILBSG continues to monitor ongoing legal proceedings affecting all areas of immigration. If you have a question about your immigration issue, contact us. We put our expertise and experience to work for you.

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