Latest DACA Updates: Federal Judge Prohibits Approval of New DACA Requests | Joseph & Hall P.C.

On July 16, 2021, a federal district court docket decide in Texas, Decide Andrew Hanen, dominated that DACA is unlawful, discovering that it exceeds the facility that Congress has delegated to the manager department. Decide Hanen said that there have been various substantive flaws with this system, and that it violated the Administrative Process Act (APA) when the Division of Homeland Safety didn’t undergo a course of known as “discover and remark rulemaking” when it first instituted this system in 2012.

In response to Decide Hanen’s determination, the White Home introduced that it intends to enchantment Decide Hanen’s determination, and that DHS will challenge a proposed rule relating to DACA within the close to future.

Though Decide Hanen discovered the DACA program to be illegal, the ruling permits people at the moment with DACA to keep up these protections and search renewals whereas this newest court docket determination goes by the appeals course of.

What does this imply for my case?

People At the moment With DACA

• If you happen to at the moment have DACA, it’s nonetheless legitimate.
• When you’ve got a DACA renewal utility pending, it’ll nonetheless be processed.
• In case your present DACA protections are expiring you’ll be able to proceed to submit an utility and renew your DACA.

First-Time DACA Candidates

• Decide Hanen dominated that USCIS can not grant DACA to people requesting it for the primary time.
• When you’ve got a first-time DACA utility pending, there’s an indefinite freeze on the applying. It’s anticipated that USCIS will challenge steerage on this challenge within the close to future.
• If you’re eligible to file for DACA however have by no means utilized, USCIS can settle for your utility, however it’s prohibited from granting approvals.

For an in depth dialogue of Continuously Requested Questions, take a look at this text right here by United We Dream.

When you’ve got questions on what this ruling means to your DACA case, contact our workplace right now for a session with one among our immigration attorneys.