On September 13, 2023, district court judge Hanen (again) ruled that DACA is unlawful. However, although this is a negative ruling, DACA renewals and Advance Parole applications continue to be accepted and processed. Initial DACA applications, unfortunately, are still not being processed.
This district court decision has not take away DACA renewals for current DACA recipients (a decision like this would be up to the appeals court, or later, the Supreme Court). That means that, despite the ruling this fall, the following remain true:
- DACA renewals are still open. This could change, which is why we urge you to renew as soon as possible while the courts are still allowing these applications to be processed.
- First-time DACA applications continue to stay in limbo and will not be processed.
- Advance parole for current DACA recipients is still available.
Visit Informed Immigrant's DACA in the Courts page for more.
On Wednesday, October 6, 2022, an appeals court in the Fifth Circuit ruled that DACA is unlawful and sent the case challenging the DACA policy back to the district court that originally ruled to end the program. While this ruling maintains the DACA status-quo for now, it was a negative outcome. DACA remains in jeopardy.
DACA recipients should know that they can continue to renew for now and that their work permits remain valid. This means that if you have a work permit today, it remains; and programs like Advanced Parole remain. Unfortunately, this ruling also maintains the status quo that DHS will not process first-time DACA applications.
Check out DACA Update: What You Need to Know for more.
On, April 12, 2022, U.S. Citizenship and Immigration Services announced that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
On July 16, 2021, a Texas Federal District Court ruled DACA unlawful. Key takeaways for DACA recipients:
- If you have DACA right now, you can keep it.
- If you have a renewal in place, you can keep renewing until further notice.
- If you have a granted/approved initial DACA application, it is still good.
- If you have DACA right now, you can still apply for advance parole.
- If you have a pending initial application (not yet granted/approved), there is an indefinite freeze on that application.
Looking for help to make sense of the ruling? Check out these resources:
- United We Dream: Guidance for DACA Recipients and Legal Practitioners – Frequently Asked Questions
- Penn State Law: DACA in the Courts
- NYT: Judge Rules DACA Is Unlawful and Suspends Applications
- NPR: The Biden Administration Vows To Appeal A Federal Ruling Deeming DACA Unlawful
On December 15, 2021, Amherst College signed onto a brief field in appeal of this summer's DACA ruling.
For a more comprehensive list of federal immigration updates, visit the Federal Updates page.