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USCIS Critical Update on Deferred Action for Childhood Arrivals

A federal court in the Southern District of Texas declared DACA to be illegal on September 13, 2023. First-time DACA applications are still banned and cannot be processed in accordance with the judge’s ruling. DACA recipients (as of July 16, 2021) and those whose DACA has expired for less than a year may continue to petition for renewal.

As a result, unless specifically cancelled, current DACA permits and associated Employment Authorization Documents (EADs) are valid until they expire. But as of October 31, 2022, in compliance with this determination, USCIS shall continue to accept and process DACA renewal petitions and supporting applications for employment authorization under the DACA rules at 8 CFR 236.22 and 236.23. Initial DACA requests will still be accepted by USCIS, but they will not be processed as per the ruling.

The Final Rule will continue to recognize as valid the awards of DACA and associated EADs that are currently in effect. As a result, DACA beneficiaries and holders of relevant EADs are exempt from submitting applications for employment permission or DACA until the proper time to do so.

For more information on DACA, please visit the USCIS DACA webpage.

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).