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Southern District of Texas
Hasan Shafiqullah
Cleary Gottlieb Steen & Hamilton LLP
The Legal Aid Society filed an amicus brief in opposition to the State of Texas’s motion for a preliminary injunction in their suit to end the Deferred Action for Childhood Arrivals (DACA) program. In our brief, we described the harm that enjoining DACA would cause, not only to immigrants themselves, but to their families, their communities, and public interest organizations such as Legal Aid. In August 2018, U.S. District Court Judge Andrew Hanen denied the State’s injunction request. However, in July 2021, Judge Hanen held DACA unlawful and permanently enjoined the United States Citizenship and Immigration Services (USCIS) from processing new DACA applications or renewal applications, though he stayed the injunction for individuals who had obtained DACA on or before July 16, 2021, in a decision wrong on the law and contrary to our ideals as a nation. In 2023, Judge Hanen again held DACA to be illegal following rulemaking by the Biden administration that sought to preserve the program. In January 2025, the Fifth Circuit limited Judge Hanen’s ruling to only residents of Texas. As the case continues, DACA renewal applications continue across the country, but initial (first-time) applications continue to be on hold. New York City residents can learn more about DACA here.