For Immediate Release

Washington - On October 5, a U.S. Appeals Court upheld a 2021 District Court decision that found the Deferred Action for Childhood Arrivals (DACA) program to be in violation of the Administrative Procedure Act (APA) and remanded the case to the District Court to consider. The Department of Homeland Security can continue adjudicating DACA renewals but will continue to be enjoined from approving new DACA applications. The following is a statement from Esther D. Brimmer, DPhil, executive director and CEO of NAFSA: Association of International Educators:

“NAFSA is deeply disappointed by the October 5 ruling. NAFSA stands with immigration advocates across the country in demanding Congress pass the bipartisan Dream Act to give these young individuals a path to citizenship. We must recognize the value of providing security to those with DACA and the broader Dreamers community. We must not shut the doors to the American dream nor put people at risk of deportation who have already demonstrated that they are deeply invested in our country and their community. Like the generations of immigrants who came before them, Dreamers deserve the chance to prosper and thrive.

“NAFSA has a long history of advocating for DACA, including joining 43 higher education associations in an amicus brief for this case as well as submitting a comment letter in support of the DACA proposed rule, set to take effect at the end of this month. We will continue to work with our allies to raise awareness of the irreparable harm ending DACA would have on its recipients and communities around the country, as well as the unwelcoming message it would send to potential international students and scholars considering studying in the United States."

About NAFSA: Serving more than 10,000 members and international educators worldwide, NAFSA: Association of International Educators is the largest nonprofit association dedicated to international education and exchange. Visit us at To learn more about our advocacy efforts on behalf of international education, visit Resources to guide our members on these issues can be found at