DACA 10 YEARS LATER
Responding to a suit by Texas and eight other states, U.S. District Court in July 2021, ruled on a challenge of the legality of the policy. The Court directed the Biden administration to stop granting new requests made under the DACA program, which provides protection from deportation and work permits to undocumented immigrants who arrived in the United States as children. The Court called the program illegal, saying that Obama exceeded his authority when he created it through an executive order in 2012. But for now those with existing DACA will be allowed to continue to renew. First-time DACA requests will NOT be processed at this time.
As you know, DACA is an Obama-era policy protecting young undocumented immigrants from deportation. It has faced several legal challenges.
The Joe Biden administration has since appealed the decision, and the case over DACA, or Deferred Action for Childhood Arrivals, could ultimately go to the Supreme Court.
Current recipients, often called Dreamers, remain in the program. The 611,470 immigrant who were already enrolled in DACA are still eligible to renew their work permits.
What does this recent court decision mean if I:
Am a current DACA recipient: If you currently have DACA and your work authorization has not expired, your DACA and EAD are still in effect, and you are eligible to request renewal when the time comes. If you have applied for advance parole, it will be processed. If you have been granted advance parole, it will still be respected, however, we recommend that you consult with an immigration attorney or DOJ-accredited representative before traveling abroad.
Requested my DACA renewal: If you requested your DACA renewal or need to in the foreseeable future, it will continue to be processed. USCIS will continue to process and issue a decision on your DACA renewal request.
Filed my first-time DACA request: While USCIS will accept your initial DACA request, Judge Hanen’s order does not allow USCIS to process initial requests while the court order from the Southern District of Texas remains in effect. If you have an initial DACA request pending, your request is on hold while the court order remains in effect.
Had DACA, but it expired: If your DACA expired under a year ago, USCIS will still process your renewal request as a renewal. However, if your DACA expired over a year ago, while you may still file for DACA, it will be considered an initial– or new– DACA request, and thus while USCIS will accept it, it may not process it under the Texas court order.
What can we do now?
It’s important that Congress pass permanent solutions for people with or without DACA, TPS holders, farmworkers, essential workers, and our family members. If you’re a DACA recipient, know that you are lawfully present in the U.S. and have rights.