A federal district court judge in Texas named Andrew Hannon declared on September 13, 2023, that the Deferred Action for Childhood Arrivals (DACA) programme is against American immigration law. The Biden administration was not mandated by the court to end the DACA programme or cease accepting renewal applications.
Why did Judge Hannon reconsider her ruling that DACA was unconstitutional?
Yes, DACA was previously declared illegal by Judge Hannon in July 2021. This is why his decision is a little difficult to understand.
The DACA programme was declared unlawful by Judge Hannon in a previous ruling in July 2021. The ruling he made was challenged and subsequently taken to the Fifth Circuit Court of Appeals for review. Judge Hannon's decision was upheld by the appellate court, but it also highlighted a crucial change that happened between Judge Hannon's ruling in July 2021 and the appellate court's ruling in October 2022.
Particularly, the Department of Homeland Security (DHS) first published official regulations for the DACA programme in the summer of 2022. The procedure that had been in place since the DACA program's inception in 2012 became official as a result of these regulations. DHS maintained that any legal difficulties noted by the district court judge had been remedied by going through this process and formalising the programme. The appellate court pointed out that Judge Hannon ought to have had a chance to evaluate whether the regulations actually addressed the purported legal issues.
Judge Hannon was forced to reevaluate the legality of the DACA programme for this reason.
What was the verdict rendered by Judge Hannon on September 13, 2023?
Judge Hannon decided:
States had the right to contest the DACA initiative.
The apparent legal problems with the DACA programme were not sufficiently addressed by the regulations.
It was impossible to maintain some aspects of the DACA programme while abolishing others.
Judge Hannon also concurred that DHS could continue to accept DACA renewal applications while the case was proceeding through the appeals process.
Is it feasible to have the court's judgement overturned?
Undoubtedly, the Biden administration will file another appeal with the Fifth Circuit Court of Appeals. The appeal court already agreed with Judge Hannon that DACA was unconstitutional, and there is a significant probability they will do so once again. No matter what happens at the appellate level, the losing party will probably appeal to the US Supreme Court.
Due to the importance of this issue, the Supreme Court is likely to take it up. It is hoped that, as it did in 2018, the Supreme Court will sustain DACA. Though one (Justice Ruth Bader Ginsburg) was replaced by another justice (Justice Amy Coney Barrett), who has voted significantly differently, two justices who previously supported DACA are no longer on the court.
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I currently hold DACA. What impact will this choice have on me?
The ruling states that current DACA recipients still have DACA status and are permitted to keep renewing it. Consult an experienced immigration lawyer about your particular circumstances.
Although I haven't yet submitted my initial application, I am qualified for DACA. What impact will this choice have on me?
Initial DACA applications are suspended as a result of the ruling. There will not be any further DACA applications accepted at this time. Due to the court's ruling, USCIS is unable to approve any new DACA applications. All first cases that weren't accepted before to July 16, 2021 are affected.
My DACA had already expired. What impact will this choice have on me?
Your request will be treated as an original DACA request and not a renewal if you apply for DACA more than one year after the expiration of your most recent DACA award or if you do so at any time after that date (at any time). Under the existing rules, USCIS can receive initial DACA requests but cannot approve them as long as the court's ruling remains in force. Your money will be accepted, and you'll get a receipt notice. However, in accordance with the court's ruling, nothing more will be done regarding your request.
I've been granted advance parole and have DACA. What effect will this choice have on me?

DACA Conditions:
As of June 15, 2012, you were under the age of thirty-one.
Before turning 16, you made your first trip to the United States.
You have lived in the country continuously since June 15, 2007.
On June 15, 2012, and at the time you submitted your request, you were actually in the country of the United States.
You entered the country unlawfully before June 15, 2012, or your legal status has expired as of that date.
You've finished high school, acquired a GED, or received an honourable discharge from the Coast Guard or the military (you can also qualify if you've completed a technical or trade school).
You haven't been found guilty of a felony, a serious misdemeanour, three or more misdemeanours, and you don't pose a risk to the public or national security.
Before submitting an application, please seek legal counsel regarding any interactions you may have had with immigration authorities.
Remember that immigration laws and regulations are subject to change, so it's important to stay informed and get legal advice for specific advice on your situation and available choices.