On July 16, 2021, Judge Andrew Hanen, a federal district court judge in Texas, ruled that the DACA program was unlawful. Judge Hanen ordered the Dept. of Homeland Security (DHS) to stop processing new DACA applications until the litigation is resolved. Students should be aware that:
- Current DACA recipients are not affected and DHS will still accept and process renewal applications. If you need help with DACA renewal assistance, please email Prof. Violeta Chapin and her law students in the Immigration Clinic at Colorado Law School.
- The ruling does affect new DACA applicants who may be eligible for the program. Because there is a conflicting ruling out of another circuit, this ruling does not stop USCIS from accepting new DACA applications at this time, but it does stop them from processing or granting new DACA status on any applicants. What is not clear at the moment is whether USCIS can process new DACA applications that were submitted before this ruling; it remains to be seen what will be decided.
- USCIS has issued new guidance to state that all biometric or fingerprint appointments that had been scheduled for new DACA applicants are canceled, and those applicants should not appear for their scheduled appointments.
- The ruling does not command the DHS to take any enforcement action against any DACA recipient, and it does not strip anyone of their current DACA status in any way. This is an evolving case and more litigation is expected to follow through the appeals process.