Learn about your rights to be protected as a Deferred Action for Childhood Arrivals recipient.
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Although there is ongoing litigation challenging the Deferred Action for Childhood Arrivals (DACA) program, individuals with DACA can continue to renew for now during the court appeals process. However, since July 2021, the government will not grant any new first-time DACA requests.
On July 16, 2021, a federal district court judge in Texas ruled against the DACA program, putting a partial end to the policy for new applicants. The judge ordered that no new first-time DACA requests could be granted as of that day; however, it allowed the United States Citizenship and Immigration Services (USCIS) to continue granting renewal requests for existing recipients while the decision was appealed. The federal government appealed the decision to a higher court—the Fifth Circuit Court of Appeals—which issued its decision on October 4, 2022.
The Fifth Circuit agreed that the 2012 memo creating DACA was unlawful, but it did not order an immediate end to the program, and allowed individuals with DACA to continue renewing. The Fifth Circuit sent the case back to the district court to consider the impact of a new DACA regulation that went into effect on October 31, 2022. Shortly thereafter, the same federal district judge also ruled against the 2022 DACA regulation, but again did not order an immediate end to the program and permitted existing DACA recipients to renew while the case is appealed. The federal government appealed and the case is again pending at the Fifth Circuit.
The 2022 DACA regulation replaced the original 2012 memo that created the program, but it did not change the DACA eligibility criteria or the current status of the program. Given the court decisions discussed above, even if eligible, first-time applicants are still unable to be granted DACA at this time. However, individuals who have DACA or whose DACA has lapsed for less than one year, can be granted renewal. The status of the program could change further as courts issue more decisions, so we recommend checking the USCIS or United We Dream’s website for up-to-date information.
I heard that the Biden administration has issued a new rule about DACA. What does that mean if I currently have DACA or want to apply for DACA?
On August 24, 2022, the Biden administration finalized a formal regulation for the DACA program that replaced the 2012 DACA memo that created the program. The final rule went into effect on October 31, 2022. However, the rule did not change the eligibility criteria or impact who can be granted DACA under recent court decisions. Currently, if you have DACA, or if your DACA has lapsed for less than one year, you may continue to be granted renewals. If you are eligible for DACA but never applied before, or if your DACA has lapsed for more than a year, USCIS can still receive your application but will not grant it right now.
