On August 31, 2018, a federal judge in Texas refused to grant a preliminary injunction halting the Deferred Action for Childhood Arrivals (DACA) program while it considers a challenge to its legality by several states.
Previously, three other federal courts found that the administration’s rescission of the DACA program was unlawful, and ordered the government to continue to process DACA renewal applications (but not new applications by those applying for the first time).
The Texas federal court’s decision avoids a conflict between the courts that would have put in immediate jeopardy DACA holders’ ability to renew and maintain their lawful presence and work permits, and their ability to continue working and attending school and contributing to our communities.
In his order, the federal judge made it clear that he believes the DACA program is unlawful, but also found that the suing states did not merit a preliminary injunction while the case proceeds to trial. He stayed further action on the case for 21 days to allow either party to appeal.
This decision gives DACA holders some room to continue filing DACA renewal applications, but again underscores that the courts are not the path to permanent status for those with DACA.
With the August Congressional recess about to end, Congress and the Administration need to get back to work and create that path for the over 700,000 DACA holders who are integral members this country.