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Biden vows that the US Justice Department will appeal DACA court decision

Following a ruling from a Texas federal judge citing that the creation of DACA was illegal when it was created by executive order, President Biden vows to seek an appeal on the decision. He also vows to help strengthen and expand the program with new initiatives and legal actions.

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    The ruling

    On July 16th, 2021, Texas federal judge Andrew Hanen ruled that the Deferred Action for Childhood Arrivals (DACA) was illegally created by President Obama in 2012. Hanen ruled that as President Obama created the DACA program via executive order, it violated the federal law of the Administrative Procedure Act by not passing Congress.

    Furthermore, Hanen stated that as there are approximately 650,000 individuals already enrolled in the program, his ruling would be temporarily on hold out of consideration for them. This means that the DACA program will be suspending new DACA applications. However, those who are already enrolled can seek renewal and enjoy the privileges of the program such as protection from deportation, employment permits, etc.

    pro-immigration signs

    Attempts to protect the DACA program in the future

    President Joe Biden has stated that he intends for the US Department of Justice to appeal the latest court decision. In a statement released by the White House, President Biden vowed that “The Department of Justice intends to appeal this decision in order to preserve and fortify DACA. And, as the court recognized, the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future.”

    Since taking office in January 2021, President Biden has pushed for immigration reform including making the DACA program permanent. The American Dream and Promise Act proposed by Biden on his first day in office would provide a pathway to citizenship for undocumented individuals living in the United States has passed Congress but not yet the Senate. Democrats have also considered adding in a way to create a pathway to citizenship for DACA recipients and other undocumented individuals into their $3.5 trillion healthcare and anti-poverty plan. If this is done, then that could satisfy the legal procedural requirements and help to prevent it from disappearing in the future.

    Backlog of applications

    Many first-time applicants rushed to join the DACA program since its reopening in December 2020. This rush to sign up coupled with the Covid-19 pandemic resulted in a backlog of more than 55,000 pending applications. Before the ruling, the Biden administration assigned more immigration officials to review pending applications in an attempt to speed up the process and lessen the backlog. This new decision overturning DACA will stop new applications from being approved but will not stop applications already sent in from being processed. In addition, the government can still collect new applications but can not process them.

    woman holding a pro-DACA sign

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      How can IAS help me?

      Although the DACA program does not provide a pathway to citizenship, DACA recipients can still be eligible for employer-sponsored green cards or family-based green cards if they are married to a US citizen or current green card holder or are the immediate relative of a U.S. citizen or a green cardholder. If you have questions about your eligibility for these visas or need support with your immigration case, speak to one of our qualified immigration attorneys today to find out how we can assist you.

      Some of the support we offer includes:

      • Assessing your eligibility against the requirements of your chosen immigration route
      • Explaining the process in detail to you and your family
      • Help with gathering documents you need for a successful application
      • Completing a visa application form to the highest standards
      • Providing a letter of support to bolster your application
      • Communicating with USCIS on your behalf while your application is being considered

      Contact us on +1 844 290 6312 to speak with an immigration lawyer about your case. We look forward to working with you over the phone or by online video call.

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