Immigration News - United States U.S. appeals DACA ruling, case now before Fifth Circuit Share this article LinkedIn Facebook X (Twitter) September 17, 2021 The U.S. Justice Department has appealed a federal judge’s ruling that the Department of Homeland Security (DHS) did not follow proper procedures when it created the Deferred Action for Childhood Arrivals (DACA) program in 2012. Key Points: The case, Texas v. United States, will now be heard by the Fifth Circuit Court of Appeals. In July, U.S. District Court Judge Andrew Hanen ruled that DHS violated the Administrative Procedure Act (APA) by creating and operating DACA. Judge Hanen stayed the ruling as it relates to current DACA recipients. Following the ruling, U.S. Citizenship and Immigration Services confirmed that: Current DACA recipients remain eligible for renewal of DACA relief, employment authorization and advance parole. USCIS will not approve new or pending initial DACA applications; foreign nationals can continue to submit initial applications for possible future adjudication but USCIS cannot take action on them. President Joe Biden had previously indicated the department would appeal the ruling, calling it “deeply disappointing.” In addition, a proposed DHS regulation to “preserve and fortify” DACA is under final White House review. BAL Analysis: While the July ruling prevents DHS from approving any new first-time DACA grants, current DACA recipients remain able to file renewal requests and for employment authorization at this time. BAL continues to follow developments related to DACA, including in the courts and the regulatory process. For more information, please visit BAL’s DACA Resource Center here. This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com. Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
Immigration News United States | OFLC posts update on H-2A wage rate interim final rule changes following court order The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced on Sept. 2, 2026, pending updates to… September 4, 2026 Read More
Immigration News Philippines | Alien Employment Permit online payment launches Sept. 3; Interim PEZA visa processing guidelines The Philippines’ Department of Labor and Employment (DOLE) announced new requirements for Alien Employment Permit (AEP) applications and… September 3, 2026 Read More
Immigration News United States | State Department update on diversity visa issuance pause The State Department updated its webpage on the diversity visa pause with the following statement: “As of August 28, 2026,… September 2, 2026 Read More
Immigration News Brazil | Temporary visas issued electronically for visitor visa-exempt nationals, effective Sept. 1 Brazil’s Ministry of Foreign Affairs published a consular update stating that nationals from visitor visa-exempt countries will be issued… September 2, 2026 Read More