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DACA application: Approved after ruling, but not approved

Over 50,000 DACA applicants are waiting for their application to be approved. They will have to wait after the judge decides the program is unconstitutional.

The· Childhood Arrival Postponement (DACA) Program Created in 2012 by the Obama administration, it allows people brought to the United States as children to live in the country without being deported. It also gives some DACA recipients the ability to work with Social Security numbers.

In 2018, Texas joined nine other states and filed a lawsuit alleging that President Barack Obama had exceeded his authority when he created DACA by executive order. On Friday, July 16, the proceeding was filed with a judge in the US District Court, which DACA ruled unconstitutional, alleging that Obama did not follow appropriate guidelines in developing the program.

Thousands of young adults currently in the process of applying for DACA are at stake.

Question

Did the new ruling prevent DACA applications from being accepted?

Source of information

answer

It is a mistake to stop accepting DACA applications due to the new ruling. They have been accepted but are not currently approved.

What we found

by United States Citizenship and Immigration Services (USCIS)Since the program was created in 2012 under President Obama, nearly 915,000 people have applied for DACA status. Nevertheless, the path to citizenship of DACA recipients has been debated for years and does not yet exist.

so Court order on page 77, Judge Andrew S. Hanen of the US District Court in Houston ruled that DACA was illegal on July 16, 2021. According to the judge’s decision, the Obama administration Administrative Procedure Act When creating a DACA. In addition, the Obama administration said,Care clause“The US Constitution when DACA was enacted.”

Under the ruling, the Department of Homeland Security (DHS) said: statement Announced on July 19, 2021, the agency “will continue to accept submissions of both DACA’s initial and renewal requests, as well as accompanying employment permit requests.”

However, according to DHS, “In accordance with a July 16, 2021 order from the Southern District of Texas, DHS is prohibited from granting the first DACA request and the accompanying employment permit request.”

The DHS has stated that it will continue to allow or deny DACA renewal requests in accordance with existing policy.

“I think it’s very important to note that this decision at this point does not affect current DACA recipients. The judge made it clear that it remained at his order. That is, temporarily, at least for the time being, it does not apply to people who currently have DACA, and they can continue to update their DACA status until further notice. Katz, CASA’s General Counsel Told VERIFY.

Jose Barrera, deputy director of the League of United Latin American Citizens’ State of California, told VERIFY that more than 50,000 applicants are currently awaiting approval at risk of deportation, according to a judge’s decision.

“They are in such a remote state and could be deported if caught by an ICE agent,” Barrera said. “You may be unemployed because you do not have a work permit.”

Honduras immigrant Isabel Aguilar says her 19-year-old son Adolfo, who received a partial scholarship at Loyola University in Maryland, was in the final stages of the DACA application process. She tells us that this ruling confirms that he can no longer accept jobs.

“When I heard about DACA again in January, he was very excited. He says,” Mom, they say I’ll get me my permission in August and September. I can start working and help you pay the rest to the school, “said Aguilar. “I talked to him [and] He feels, “Oh, again?” You know, it’s like a start again. I know him, and I know he won’t lose motivation, but it’s difficult because you plan. You think, “Well, if I have a job permit, I can work.” [As] Mom, I’m really frustrated. “

Homeland Security Secretary Alejandro N. Mallorcas statement After the ruling, the Department of Justice (DOJ) said it would appeal the order.

“I’m disappointed with yesterday’s ruling and its impact on families across the country, but it doesn’t undermine our efforts to protect the Dreamers. The Biden Harris administration and the country have been deported by the Dreamers. We continue to commit to ensuring that we are protected from the threat of and allowed to continue contributing to their home country. DHS continues to focus on protecting DACA. Involve the general public in the rule-making process to maintain and strengthen DACA, “says Mallorcus.

Other articles on VERIFY: No, during Biden’s first six months, no more immigrants have died than Trump’s four-year tenure.

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DACA application: Approved after ruling, but not approved

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