Immigration Social Policy

Governmental laws have significant impact on the way we live by helping or hindering people in different ways.
This page is meant to highlight relevant laws, certain key effects they create, and suggest actions in light of the laws.
Here are some laws that may be helpful:

 

Injunction in Progress: DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021)
https://www.uscis.gov/DACA

Summary:

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the DACA policy “is illegal” because it violates the Administrative Procedure Act (APA) USC  551 et seq. 1946.  Pursuant to the July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy.

The State of Texas claimed that DACA was harmful to them; in order to seek injunction, the state must satisfy a four factor test:

  1. That it has suffered an irreparable injury
  2. That remedies available at law, such as monetary damages, are inadequate to compensate for that injury,
  3. That, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and
  4. That the public interest would not be disserved by a permanent injunction

 

The judge ruled that these four factors have been satisfied, and that DACA violates the Administrative Procedure Act of 1946. Thus, issuing an injunction (order to stop) of the DACA program is an “equitable remedy.”

What this means for you:

  • The Department of Homeland Security will continue to “accept” new DACA applications, but will not approve new DACA applications.
  • This means you can initially apply and pay for DACA, but it will not be processed or approved for as long as this injunction is in place.

Suggestions:

  1. Make a decision with regard to submitting a DACA application after they educate themselves on the laws governing DACA.
  2. Seek out legal counsel for guidance.