A federal judge in Texas confirmed Friday that an injunction that prevents the government from adjudicating first-time requests for Deferred Action for Childhood Arrivals (DACA) would apply to a new regulation that the Biden administration published in August.
Background: In July 2021, District Court Judge Andrew Hanen ruled that DHS did not follow proper procedures when it created DACA in 2012. Last week, the Fifth Circuit Court of Appeals upheld Judge Hanen’s ruling but also sent the case back to his court to consider the legality of the new DACA regulation, which the Biden administration drafted to “preserve and fortify” the program. The Fifth Circuit left in place a partial stay that allows DHS to adjudicate renewals but enjoins the agency from adjudicating first-time requests.
After meeting with the parties, Judge Andrew Hanen issued a brief order Friday confirming the injunction would apply to not only the 2012 memorandum that created DACA but also the 2022 regulation. This means the status quo will remain unchanged pending a further ruling from the court.
BAL Analysis: Today’s order does not change the status quo for current DACA beneficiaries. Given the uncertainty around the litigation, eligible individuals are urged to renew their DACA and related employment authorization as soon as possible. BAL will continue to monitor the ongoing litigation and provide updates on important developments related to DACA. For more information, visit our DACA Resource Center here.
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