[20211103]LSB10625_DACA的合法性：近期诉讼发展.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Legality of DACA: Recent Litigation Developments Updated November 3, 2021 Since 2012, certain unlawfully present non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act INA) who entered the United States as children have been permitted to remain and work in this country for renewable two-year periods under the Deferred Action for Childhood Arrivals (DACA) initiative. During the Trump Administration, the Department of Homeland Security (DHS) sought to rescind DACA on the basis that it was unlawful. Several federal district courts enjoined DHS from terminating DACA and required the agency to continue accepting DACA applications and work authorization requests from current DACA recipients. In 2020, the Supreme Court held that DHSs rescission of DACA violated procedural requirements in federal law, thereby leaving DACA largely intact, without deciding on the legality of DACA itself. In a separate and ongoing case, the State of Texas (joined by eight other states) challenges the legality of DACA. The plaintiffs rely on a 2015 decision by the U.S. Court of Ap