July 16 DACA Court Decision

On July 16, 2021, a U.S. District Court in Southern Texas found the DACA policy to be “illegal.” This decision vacated the June 15, 2012 DACA Memorandum issued by former Secretary of Homeland Security Napolitano that protected young people who had been brought to the United States as children without visas from deportation and allowed them to apply for work authorization. This July 16 court decision will send the DACA memorandum back to DHS for further consideration, while in the meantime prohibiting the continuation or reimplementation of DACA, with the exception of individuals who have already obtained or submitted requests for DACA before July 17, 2021. As of the date of this decision, US Citizenship and Immigration Services (USCIS) will continue to review and grant or deny renewal DACA requests and associated Employment Authorization requests, but will not grant any new DACA requests. Technically, applicants may still file initial DACA applications. However, USCIS will not be able to approve them unless current circumstances change.