Latest Update on DACA

The Texas v United States case has been an ongoing concern for DACA recipients. On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision in the case, holding that the DACA program was unlawful. However, the case was remanded to the Southern District of Texas to consider the final DACA rule recently issued by the Biden Administration.

DACA recipients can continue to renew their status, but USCIS is not processing DACA applications from individuals who have never had DACA or whose DACA expired more than a year ago. The Biden Administration’s new rule on DACA, which was intended to protect the program, is set to go into effect on October 31, 2022, but it will now be reviewed by the Southern District of Texas. If there is no decision in favor of DACA and the current court order continues, USCIS will not process any initial DACA applicants, even after the rule goes into effect.

It is still uncertain what the future holds for DACA and its recipients, but for now, DACA and work permits remain valid. Recipients can also continue to apply for DACA advance parole, but individuals should contact an experienced immigration lawyer to assess the risks associated with traveling.

If your DACA expires in the next 6 months, it is recommended to renew as soon as possible, but if your DACA expires more than a year from now, you may want to wait to renew it. Any application submitted by individuals whose DACA has expired more than a year ago will be considered an initial application and thus, will not be processed by USCIS at this time.

Due to the ongoing litigation, USCIS has stated that they will not approve any initial DACA applications and will hold all pending initial DACA applications without rejecting them. In addition, the information included on the DACA applications will not be used by DHS to arrest or deport any individuals as DHS has stated they will not provide information to ICE unless there is a national security or public safety concern.

It is important to closely monitor the situation regarding DACA and to seek legal advice from an experienced immigration lawyer if you are a DACA recipient or if you are considering applying for DACA. If you wish to discuss the DACA program, or the DACA advance parole, please contact our office for a consultation.