Important Updates
Important Updates
April 13, 2026 | NetherlandsMens en Migratie: Behind the Scenes—Recognised Sponsorship
April 14, 2026 | AustraliaFour Fragomen Attorneys Recognised by The Best Lawyers™ in Australia
April 14, 2026 | United StatesFragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards
April 14, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Certain Administrative Support Roles
April 14, 2026 | United StatesUnited States: May 2026 Visa Bulletin – Main Employment-Based Categories Hold Steady; USCIS to Honor Final Action Dates
April 13, 2026 | NetherlandsMens en Migratie: Behind the Scenes—Recognised Sponsorship
April 14, 2026 | AustraliaFour Fragomen Attorneys Recognised by The Best Lawyers™ in Australia
April 14, 2026 | United StatesFragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards
April 14, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Certain Administrative Support Roles
April 14, 2026 | United StatesUnited States: May 2026 Visa Bulletin – Main Employment-Based Categories Hold Steady; USCIS to Honor Final Action Dates
April 13, 2026 | NetherlandsMens en Migratie: Behind the Scenes—Recognised Sponsorship
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Federal District Court Rules Against the DACA Program

July 16, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • A federal district judge in Texas has issued a permanent injunction against the Deferred Action for Childhood Arrivals (DACA) program, but has temporarily stayed portions of his injunction pertaining to current DACA beneficiaries.
  • DACA deportation relief and employment authorization will remain in place for beneficiaries in good standing, but new applications for initial DACA benefits cannot be approved.
  • The Biden Administration is expected to appeal the ruling.

A closer look

Judge Andrew Hanen of the Federal District Court for the Southern District of Texas has issued a permanent injunction against the Deferred Action for Childhood Arrivals (DACA) program and ordered the vacatur of the Department of Homeland Security (DHS) memorandum establishing the program. The judge also remanded the DACA memorandum to DHS for further consideration to permit the agency to attempt to cure legal deficiencies. However, in recognition of the many thousands of foreign nationals currently relying on the program, Judge Hanen temporarily stayed portions of his ruling with respect to existing DACA beneficiaries in good standing.

Judge Hanen determined that, in establishing the program, the Obama Administration had exceeded its authority and had not followed procedural requirements. The case is State of Texas v. United States.

Impact on current DACA beneficiaries

With respect to existing DACA beneficiaries in good standing, the court has temporarily stayed the application of its order vacating the program until further order of the court, the Fifth Circuit Court of Appeals, or the U.S. Supreme Court. Existing beneficiaries retain their current deportation relief and employment authorization. In addition, current DACA beneficiaries may continue to submit applications for renewal and the Department of Homeland Security is not prohibited from adjudicating them. However, it is not yet clear how renewal applications will be treated in light of the court’s remand of the DACA memorandum for further DHS consideration. In the coming days, DHS is expected to issue further details concerning the impact of the decision on current beneficiaries.

Impact on foreign nationals seeking initial DACA benefits

The court order prohibits DHS from granting new or pending initial DACA applications. Though foreign nationals may continue to submit applications for new initial DACA benefits, those applications cannot be approved by DHS unless the court order is modified or subject to a broader stay.

What’s next for the DACA program

The Biden Administration is expected to appeal the court’s decision. Several bills to provide permanent relief for Dreamers are pending in Congress, though their prospects for passage are uncertain.

Fragomen is closely monitoring the DACA program and related legislation, and will provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.