However, Texas federal court order prohibits DHS from granting initial DACA and EAD requests
US Citizenship and Immigration Services ( has assured Dreamers whose DACA requests were granted before a federal court blocked the Obama era program that they will continue to have and be eligible USCIS)le to renew DACA.
The assurance came Monday after a federal judge in Texas Friday blocked the 2012 Deferred Action for Childhood Arrivals (DACA) program which shields about 600,000 undocumented young immigrants called “Dreamers”, including about 5,000 South Asians, from deportation.
“Pursuant to the July 16, 2021 Order issued by the US District Court for the Southern District of Texas in Texas v. United States, the Department of Homeland Security (DHS) is enjoined from granting initial DACA requests,” USCIS Acting Director Tracy Renaud stated.
“However, all individuals whose DACA requests were granted prior to this decision will continue to have and be eligible to renew DACA, and to request and receive advance parole, consistent with the court’s order,” she stated.
“USCIS is proud to play an important role in implementing DACA,” Renaud stated noting, “DACA recipients are students, military service members, essential workers, and part of our communities in every way, shape, and form.”
“USCIS will comply with the court order, continue to implement the components of DACA that remain in place, and work on publishing a Notice of Proposed Rulemaking designed to strengthen and fortify DACA,” she added.
In a separate statement DHS noted that the federal court in Texas had held that the DACA policy “is illegal.” The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.
“Consistent with this order, DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization,” it said.
“However, under the court order, “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,” it stated.
Deeply disappointed over the Texas Judge’s ruling President Joe Biden Saturday pushed the Congress for a permanent solution by granting them a path to citizenship.
The Justice Department, Biden said Saturday intends to appeal against US District Judge Andrew Hanen’s ruling, but it was for the Congress to find a legislative solution for undocumented immigrants who arrived in the country as minors.
“I have repeatedly called on Congress to pass the American Dream and Promise Act, and I now renew that call with the greatest urgency,” he said calling the Texas judge’s ruling “deeply disappointing.”
Read: Google donates $250,000 to cover 500 Dreamers’ DACA applications (January 13, 2021)
“As we aggressively fight this misguided ruling in the courts, we must also act quickly in Congress,” said Indian American lawmaker Pramila Jayapal Congressional Progressive Caucus (CPC) Chairwoman.”
“That begins by providing a roadmap to citizenship for essential workers, farmworkers, TPS recipients, and Dreamers as part of the upcoming reconciliation package — a popular policy and a key priority of the Progressive Caucus, the Hispanic Caucus, and the Asian and Pacific American Caucus,” she said in a statement Friday.
Texas and eight other states had sued to halt DACA, arguing that Obama lacked the power to create the program because it circumvented Congress.
Even as Hanen ruled DACA illegal, he left the program intact for existing recipients, but barred the government from approving any new applications.