The status of Deferred Action for Childhood Arrivals (DACA) is once again in question due to a Texas Federal District Court’s ruling that the program is unlawful. This means that, while individuals who already have DACA have continued protection from deportation, new applications cannot be processed. This decision comes at a time when USCIS already had a backlog of tens of thousands of requests that were submitted since DACA was reopened in January.
The judge’s decision is the next step in a long-running case that argued the Department of Homeland Security violated the Administrative Procedure Act when it created DACA. The Biden administration has stated it plans to appeal the ruling, but in the short term, it means that DACA-eligible individuals are, once again, facing uncertainty about their future.
To learn more about this decision and its impacts, you can review:
- The Presidents’ Alliance on Higher Education and Immigration’s Rapid Response Briefing (and related materials) focusing specifically on the implications for higher education.
- The Immigrant Law Center of Minnesota’s factsheet or a video briefing held in both English and Spanish.
- United We Dream’s list of the “Top 5 things you need to know about the Texas case on DACA.”
- Our webpage about Deferred Action for Childhood Arrivals (DACA).
Please note: Undocumented students who graduated from high school in Minnesota are eligible for in-state tuition and financial aid from the state or institution. This was established in Minnesota's Dream Act (a state law that was adopted by the Board of Regents), and it is not impacted by DACA-related decisions.