Litigation Related to the DACA Program

For information about U.S. Citizenship and Immigration Services’ Jan. 13, 2018, announcement that it is accepting DACA renewal applications, see our FAQ: USCIS Is Accepting DACA Renewal Applications, first posted Jan. 14, 2018.

Litigation Related to the DACA Program

Last updated FEBRUARY 13, 2019*

On Sep. 5, 2017, the Trump administration announced that it was termi­nating the Deferred Action for Childhood Arrivals (DACA) program, which was created during President Obama’s administration. Under the terms of the DACA termination, everyone who had filed a first-time or a re­newal application for DACA as of Sep. 5, 2017, would continue to have their ap­plications processed. And anyone with a grant of DACA expiring between Sep. 5, 2017, and Mar. 5, 2018, could apply for a two-year renewal of their DACA. Originally, the deadline to submit renewal applications to U.S. Citizenship and Immigration Services (USCIS) was October 5, 2017. No other DACA applica­tions were accepted.

However, due to three court orders — in Regents of the University of Cali­fornia, et al. v. Dept. of Homeland Security (DHS), Batalla Vidal v. Nielsen, and NAACP v. Trump — USCIS is accepting DACA renewal applications. Under these injunctions, anyone who has had DACA in the past may apply, although those whose DACA expired on or before Sep. 4, 2016, must file as if they were applying for the first time. A person who’s had DACA may now apply to renew it regardless of when their DACA expired and even if their application was previously rejected for not meeting the Oct. 5, 2017, deadline. For information on the orders and the application process, see NILC’s Frequently Asked Questions: USCIS Is Accepting DACA Renewal Applications.

More than ten cases have been filed challenging the Trump administra­tion’s termination of the DACA program. The two tables in this publication provide information only about the cases with the most traction as of its publi­cation date. The tables were created for easy reference and are not intended to be comprehensive.

Table 1 includes cases challenging the termination of DACA on Sep. 5, 2017. The plain­tiffs in these cases brought claims primarily under the Adminis­trative Proce­dure Act and the U.S. Constitution’s Due Process and Equal Pro­tection clauses; some brought claims of estoppel. NILC is counsel only in the Batalla Vidal v. Nielsen case. For further information about the other cases de­scribed in Table 1, you may want to contact the entities involved in them (listed in the table) or read the complaints to which the table hyperlinks.

Table 2 includes the single case currently challenging the DACA program itself, which Texas and six other states filed on May 1, 2018.

To download the tables, click on the PDF icon, above.

* Table 1 was previously published separately under the title “Cases Challenging the Termination of the DACA Program.” When Table 2 was added, the title was changed to “Litigation Related to the DACA Program.”