On July 16, 2021, Judge Andrew S. Hanen, from the United States District Court for the District of Southern Texas, issued a ruling in the case of State of Texas v. The United States of America. The State of Texas challenged the Deferred Action for Childhood Arrivals (DACA) policy on the grounds that when the Obama Administration first implemented DACA on June 15, 2012, the former Secretary of Homeland Security did not follow the administrative procedures the agency was required to follow under the Administrative Procedures Act (APA).
Judge Hanen ruled in favor of the State of Texas, stating that the Department of Homeland Security (DHS) violated the APA and did not follow its procedures when it issued the memorandum creating DACA. However, Judge Hanen acknowledged the reliance current DACA recipients had on the deferred action and work authorization they had already received. As a result, the Court held that the DHS can still receive DACA applications. However, DHS cannot approve initial DACA requests, while DHS can approve renewal DACA requests for DACA recipients who were granted deferred action and work authorization on or prior to July 16, 2021.
If you have any questions regarding DACA or any other immigration related matter, please do not hesitate to contact KILO Immigration, a Sacramento immigration law firm by filling out this contact form.