State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”)

On July 16, 2021, the U.S. District Court for the Southern District of Texas held that the Deferred Action for Childhood Arrivals (DACA) policy was unlawful. Ultimately, the Court has severely limited the United States Citizenship and Immigration Services’ (USCIS) implementation of DACA. Currently, USCIS is unable to grant any initial DACA applications. That is, USCIS cannot approve any new DACA applications and any initial DACA applications already filed and pending will remain on hold. But, USCIS is permitted to renew DACA grants and accompanying work permits for existing DACA holders. That is, USCIS is still accepting DACA renewal applications for those individuals that have already been granted DACA or for individuals whose DACA expired less than a year ago. Likewise, USCIS is permitted to grant advance parole to current DACA holders.