This update on the fate of the Deferred Action for Childhood Arrivals (DACA) program follows our more detailed update found here.
Following oral argument on August 8th in the federal district court in Texas in the case filed by several states challenging DACA’s legality (Texas et al. v. Nielsen et al.), the judge ordered written arguments from the parties. A decision is expected imminently.
In the meantime, in the case in the D.C. federal district court challenging the legality of the administration’s rescission of the DACA program ( NAACP v. Trump et al.), the government asked for a stay, during the appeals process, of the judge’s order requiring that it resume processing DACA applications from first-time applicants. Without a stay, USCIS would have to begin accepting applications from new DACA applicants on August 23rd. On August 15th, the plaintiffs notified the judge that they do not object to the government’s request for a stay.
This decision by the plaintiffs may be aimed in large part at the Texas case, since the states had argued in part that adding new DACA recipients to their populations would harm them, despite ample anecdotal and empirical evidence of the economic and social contributions that those with DACA are making, as many Texas business associations highlighted in their brief to the court.
Meanwhile, DACA holders still don’t know what their future holds. Stay tuned……