On July 16, 2021, a federal court in Texas found that the 2012 DACA program is unlawful. For now, those who currently have DACA maintain that status and their work permits remain valid. DACA recipients can use their work permits, are entitled to a Social Security number, and may be eligible for other benefits.
First-time DACA applications will be accepted, but will not be reviewed until legal appeals are completed.
Make the Road NY (MRNY) has created an FAQ in English and Spanish. It answers many questions for current DACA holders and those hoping to apply. In July, an MRNY organizer and a member of its legal team provided an update in Spanish with slides in English. View the hour-long webinar here.
The Texas court’s decision could be changed or modified by a higher court. The Biden Administration has already said it will appeal the decision. No one knows how long appeals will take. Another court could weigh in and issue a different decision.
If this happens, it is likely the Supreme Court would have to resolve any conflict between opinions. MRNY says, “This decision makes it clear that we need Congress to act now. [We] are fighting to create a pathway to citizenship for all” that includes DACA beneficiaries and their families.