Legality of DACA: Recent Litigation Developments [July 20, 2021]   [open pdf - 705KB]

From the Document: "Since 2012, certain unlawfully present non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act [hyperlink] [INA]) who entered the United States as children have been permitted to remain and work in this country for renewable two-year periods under the Deferred Action for Childhood Arrivals [hyperlink] (DACA) initiative. During the Trump Administration, the Department of Homeland Security (DHS) sought to rescind [hyperlink] DACA on the basis that it was unlawful. Several federal district courts enjoined DHS [hyperlink] from terminating DACA and required the agency to continue accepting DACA applications and work authorization requests from current DACA recipients. In 2020, the Supreme Court held [hyperlink] that DHS's rescission of DACA violated procedural requirements in federal law, thereby leaving DACA largely intact, without deciding on the legality of DACA itself. In a separate and ongoing case, the State of Texas (joined by eight other states) challenges [hyperlink] the legality of DACA. The plaintiffs rely on a 2015 decision by the U.S. Court of Appeals for the Fifth Circuit ('Texas I') ruling that a related initiative, which would have expanded DACA and granted relief to unlawfully present parents of U.S. citizen or lawful permanent resident (LPR) children, was unlawful. In the new case--commonly called 'Texas II'--a federal district court ruled [hyperlink] on July 16, 2021, that DACA is similarly unlawful. This Legal Sidebar examines the status of and key issues in the 'Texas II' litigation."

Report Number:
CRS In Focus, IF11343
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
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