On August 31, 2018, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas issued an opinion and order rejecting Texas and nine other states’ request that the court temporarily halt Deferred Action for Childhood Arrivals (DACA) renewals.
In Texas v. Nielsen, Texas and the other states challenged the lawfulness of the DACA program itself. New Jersey and 22 DACA recipients represented by the Mexican American Legal Defense and Educational Fund (MALDEF) intervened to defend the DACA program. Judge Hanen is the same judge who previously halted the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded DACA programs in 2015.
Separately, cases that were brought in U.S. district courts in California, New York, Maryland, and DC have challenged the lawfulness of the rescission of the DACA program. These cases have resulted in three injunctions requiring the government to continue accepting DACA renewal applications.