Court Finds DACA Illegal, Allows DACA Holders to Retain Status – What does this Mean for Dreamers?

Yesterday a federal judge in Texas’s Southern District issued a decision finding that the Deferred Action for Childhood Arrivals (DACA) program in its latest iteration was unlawfully created by the Biden administrations. This decision leaves the DACA program in limbo. Current DACA holders can continue to hold and renew their DACA status and the work permits that come with it. People who qualify for DACA but haven’t applied yet can continue to submit applications, but immigration officials will not review those applications unless a higher court overturns the current injunction. This means that hundreds of thousands of Dreamers who would otherwise be eligible to apply for deferred action and work authorization will remain without status, with limited access to higher education, employment, and other public goods and services.

If you have DACA status, we recommend that you continue to renew your status and work authorization and try to avoid any lapses in your status, so that you don’t risk losing your status all together. If you don’t currently have DACA status but believe you may be eligible, it may be worth filing your application if you can afford the $495 filing fee, so that your case will be in the system if the current injunction is lifted by a higher court and USCIS begins processing new applications again. The attorneys at Bennett & Harker have years of experience assisting Dreamers with applications for DACA and other benefits. Please reach out if you’d like to schedule a consultation.