On Friday July 16th, a Federal District court judge in Houston ruled that the Deferred Action for Childhood Arrivals, or DACA, program was illegal and prevented new applications from being approved. Judge Andrew Hansen wrote in his opinion that then-President Barack Obama violated the Administrative Procedures Act by not engaging in a general comment process that is mandated by statute.

As a result of the decision, the Department of Homeland Security may not approve new applications for DACA protection. However, the decision does state that DHS may continue receiving initial petitions. So currently, DACA petitions can still be filed. However, there will not be a decision on those applications until litigation concerning the program is completed.

The Federal court decision does not impact people who are currently receiving DACA protection, and the judge went so far as to say the government should not take any action such as deportation or criminal action that it "would not otherwise take". Immigrants who are living and working in the United States with DACA will still be able to do so without fear of deportation, at least for the time being. In addition, DACA recipients are not prevented from renewing their petition, which is required every two years under the program.

The Biden Administration has already pledged to appeal the ruling, and also is seeking legislative action to make the program more permanent. USCIS recently reported a backlog of over 50,000 new DACA applications, and this decision is expected to create even further delays.

Contact the Law Office of Spojmie Nasiri, PC to get the latest information on DACA, and if you are interested in filing your initial DACA application.