DACA

Updates on DACA

(Updated January 2024): In September 2023, Judge Hanen ruled for the second time that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. Stay updated by subscribing to our newsletter.

For now:

DACA renewals remain open. Current DACA recipients are encouraged to renew. Information on how to renew can be found here.
Initial DACA applications are still closed.
Advance Parole for current DACA recipients is still available. More information can be found here. Interested individuals are highly recommended to consult with an attorney.

How did we get here?

May 1, 2018:

Seven states, led by Texas, file a lawsuit (Texas v. United States) challenging DACA.

May 8, 2018:

The Mexican American Legal Defense and Education Fund (MALDEF) files a motion for intervention* on behalf of 22 DACA recipients who argue that they would not be adequately represented in court.

*Filing a motion for intervention means that a third party who was not originally part of the lawsuit joins because they have a personal stake in the outcome.

December 22, 2020:

Judge Hanen hears oral arguments. Attorneys from Texas and other states argue against the legality of DACA. They claim that President Obama did not have the authority to institute a program like DACA, and that their states were harmed because of DACA. Attorneys from MALDEF argue that President Obama was in his authority to institute DACA, and that these states have failed to show real proof of harm they endured because of DACA.

January 20, 2021:

Joe Biden is sworn in as president. He signs a memorandum* ordering the U.S. Department of Justice and Department of Homeland Security to “preserve” and “fortify” DACA.

*The memorandum he signs does not change much about DACA. It does not reopen DACA or protect it in the courts.

July 16, 2021:

Judge Hanen rules that DACA is unlawful, but allows it to continue for current recipients. New applications remain closed.

July 6, 2022:

The Fifth Circuit Court of Appeals hears oral arguments. NAKASEC and partners hold “Vigil For Our Futures” to urge the Fifth Circuit to stand on the right side of history.

October 5, 2022:

The Fifth Circuit upholds Judge Hanen’s decision and the court sends the case back down to Judge Hanen for further review. However, they allow it to continue for current recipients. New applications remain closed.

June 1, 2023:

Judge Hanen hears oral arguments. NAKASEC and partners hold “Rally For Our Futures” to remind Judge Hanen of the hundreds of thousands of lives on the line, and to urge Congress to pass permanent protections through the registry bill.

September 13, 2023:

Judge Hanen rules DACA unlawful, but still allows current recipients to renew their DACA. New applications remain closed.

See a full timeline of this case, Texas v. United States, from our friends at MALDEF.