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Texas v. United States Declares DACA to be Illegal

Monday, July 19, 2021Written by: Sarah E. Wilkerson

Texas v. United States Order

On July 16, 2021, an order was signed by a U.S. District Judge declaring that the DACA program was unlawfully created, and severely limiting the types of DACA applications the USCIS would be allowed to process. The following day, a statement from the White House was published indicating that the Department of Justice would be appealing the court's decision. Unfortunatly, while the judicial system is working to resolve this issue, thousands of young adults are struggling with an immense amount of uncertainty regarding their futures in the U.S.

Individuals Affected by the July 16 Order

The July 16 order will primarily impact first-time DACA applicants. The order specifically prohibits the USCIS from granting initial DACA applications.

Pending initial DACA applications will be put on hold indefinitely. Further, while those who would like to file an initial DACA application may continue to do so, the USCIS is not authorized to process or approve such applications. These applications will be neither accepted nor rejected, and the USICS will not be refunding any DACA filing fees.

Individuals Not Affected by the July 16 Order

Current DACA recipients will not be impacted by the order, and their EAD will remain valid. Additionally, the USCIS will continue accepting and processing DACA and employment authorization renewal applications. 

Finally, advance parole through DACA remains valid, and pending advance parole applications will be processed. However, due to uncertainty regarding the extent of this order, those with advance parole should be cautious when leaving the country, as it is unclear whether DACA recpients will experience any issues with reentry.

If you would like further information regarding DACA applications, please do not hesitate to call our office at (318) 255-9299!

Tags: Immigration

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