What is going on with DACA?

On Oct. 5, 2022, the Fifth Circuit Court of Appeals upheld the lower court’s ruling in State of Texas, et al., v. United States of America, et al. that the 2012 DACA policy was illegal because it violates the procedural and substantive requirements of the Administrative Procedures Act. However, the circuit court remanded the case to the lower court to consider the Department of Homeland Security’s final rule codifying DACA, set to go into effect on Oct. 31, 2022. We expect the federal government will appeal the Fifth Circuit’s decision to the U.S. Supreme Court.

In the meantime, what does the Fifth Circuit’s decision mean for DACA recipients and applicants? For now, the lower court’s nationwide injunction issued July 16, 2021, remains in place. U.S. Citizenship and Immigration Services, or USCIS, may still approve DACA renewal requests but cannot approve initial DACA applications. Given the uncertain fate of DACA, everyone should consider renewing your DACA as soon as you can if your work authorization expires within 6 months or less. Give us a call if you have any questions.