Skip to main content

Key Points

  • A federal judge in TX has blocked the DACA program from moving forward
  • The court ruled that the DACA program violates substantive and procedural aspects of the APA
  • Current DACA recipients are not affected
  • DHS is instructed not to accept new applications
  • The DACA program has been a contentious issue since its establishment in 2021

Today, a federal judge in Texas blocked the Deferred Action for Childhood Arrivals (DACA) program from moving forward. Current recipients are not affected, but new applications will not be accepted.


The DACA program, introduced by the Obama Administration in 2012, provides a legal pathway to US citizenship for undocumented children who were brought to the US without legal status. The program has been a contentious issue since its inception.

On July 16, 2021, twenty-two Plaintiff States, including Texas, argued that the DACA program is illegal because its creation violates the substantive and procedural aspects of the Administrative Procedure Act (APA).

Federal judge Andrew Hanen of the US District Court in Houston sided with the Plaintiff States, concluding that the Department of Homeland Security (DHS) violated the APA with the creation of the DACA program. Based on the ruling, DHS may continue accepting new and renewal DACA applications, but it cannot approve any new DACA applications.

Looking Ahead

The July 16, 2021, court ruling does not impact the approximately 650,000 current DACA recipients in the US. Additional information on changes that affect recent DACA program recipients will be provided as available.

Close Menu

Corporate Immigration Partners

Chicago Office
+1 312-722-6300

Cincinnati Office
+1 513-381-2011

San Francisco Office
+1 415-771-7500

Europe, Middle East, and Africa
+44 20 34326564

+86 10 84053554