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DACA is targeted once again; challenges are planned

On July 16th, a federal district court judge in Texas imposed a ruling attempting to stop applications for DACA (Deferred Action for Childhood Arrivals).

Here are some things to know about this ruling.

Current DACA recipients will not be affected. This decision does not impact people who have already applied for and been approved for DACA.

DACA recipients renewing their status will not be affected.  People who already received DACA and are renewing their applications can submit their renewal applications.

New DACA applicants will be affected.  USCIS (U.S. Citizenship & Immigration Services) will accept new applications, but these will be placed on hold until there is a final decision with regard to DACA.

Next steps: This ruling was issued by a lower federal district court.   The decision will undoubtedly be appealed to higher courts. When DACA was  challenged before,  the Supreme Court ruled against the challenge.  However,  the Supreme Court previously upheld DACA on the grounds that President Trump could not use an executive order to “undo” the previous president’s policy implementation. The latest ruling challenges DACA as unconstitutional, claiming that President Obama did not have the authority to create DACA in the first place and that only Congress would have to create DACA through legislative action.  Our immigration attorney, Alex Kaezem, will provide updates as they occur.