DACA Ruled Unconstitutional by Federal Judge

July 20, 2021

A Federal Judge in Texas ruled on Friday that the Deferred Action for Childhood Arrivals (DACA) program is unconstitutional, stopping USCIS from processing DACA filings for new applicants and creating uncertainty for the estimated 700,000 young immigrants, commonly referred to as “Dreamers”, who benefit from the program by receiving temporary work authorization and temporary relief from deportation. In turn, DACA recipients pay over a billion dollars in taxes each year.

President Biden issued a statement on Saturday, calling the decision “deeply disappointing” and vowing to appeal the decision. The President also called on Congress to pass the American Dream and Promise Act, which would provide a pathway to citizenship for certain “Dreamers” who arrived in the U.S. under the age of 18.

Currently, USCIS will continue to process renewal DACA applications for those who initially received the benefit on or before July 16, 2021. USCIS will continue to accept applications for initial and renewal DACA requests but is prohibited by this order from approving initial requests.

If you have any questions about how you may be affected by this order, please call our office at 215-925-0705 to schedule a consultation with one of our attorneys.


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