Decision Regarding DACA in the State of Texas Case, et.al., v. United States of America, et.al., 1:18-CV-00068, (SD Texas Jul 16, 2021) (“Texas II”)
On July 16, 2021, the United States District Court for the Southern District of Texas held that the DACA policy "is illegal." The court granted summary judgment on the plaintiffs' Administrative Procedure Act (APA) claims, reversed the June 15, 2012 DACA memorandum issued by former Homeland Security Secretary Janet Napolitano, forwarded the memo to DHS for further consideration, and issued a permanent injunction prohibiting the government from continuing to administer DACA and reimplementing DACA without compliance with the APA. The Court, however, temporarily stayed its order rescinding the DACA memorandum and its injunction with respect to individuals who obtained DACA on or before July 16, 2021, including those with renewal applications.
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In accordance with this order (PDF, 401.59 KB), DHS will continue to accept the submission of initial and renewal DACA applications, as well as the employment authorization applications submitted with them. However, pursuant to the July 16, 2021 order of the Southern District of Texas, DHS is prohibited from granting initial DACA applications and accompanying employment authorization applications. Additionally, pursuant to that order, DHS will continue to granting or denying DACA renewal requests, in accordance with existing policy.
