By: Moises Apsan
July 13, 2023, 1:34 pm

In September 2017, then-Attorney General Jeff Sessions advised the Department of Homeland Security (DHS) to rescind DACA. The choice was based upon his conclusion the program was effectuated without appropriate statutory authority and was unconstitutional. DHS' Acting Secretary provided a memorandum ending the program on that basis.


DHS' decision to rescind DACA ultimately ended up prior to the U.S. Supreme Court. In June of 2020, Chief Justice Roberts authored the Court's bulk opinion wherein he concluded that DHS broke the Administrative Treatment Act (APA) by stopping working to offer detailed justification for their choice in terminating DACA. (Dep't of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891, 207 L. Ed. 2d 353 (2020 )). The choice to terminate DACA was rescinded, and individuals might use once again. The Court did not provide its opinion on the actual validity of DACA and appropriately noted that this was for the legislative branch of our government to choose.

On July 16, 2021, a district court in Texas provided a judgment telling DACA, once again stopping the adjudication of very first time applications. It is essential to note this is not a decision on whether DACA will endure. The federal judge likewise made it clear that his decision does not impact those who currently hold DACA. No action will be taken versus existing DACA receivers and in fact may continue to send renewal applications. When it comes to preliminary DACA applications, they can be sent however no choice will be made on them at this time.


Although the federal judge's decision is frustrating, it might be what Congress needs to help them feel a sense of seriousness to enact an immigration reform bill that resolves DACA at last. Furthermore, the choice will be appealed by the Biden Administration and might discover its way back up to the United States Supreme Court. As Justice Roberts kept in mind, "thousands of youths have pertained to depend on DACA, emerging from the shadows to enlist in degree programs, start professions, start businesses, buy homes, and even marry and have children of their own who are U.S. people, not to mention that DACA receivers pay $60 billion in taxes each year." As out of touch as some political leaders seem, there is no way that Congress is blind to these realities and as a result, must do something to solve this matter. We simply need to be patient till they do. In the meantime, do not panic.

Apsanlaw Offices