DACA Update

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October 14, 2022

Deferred Action for Childhood Arrivals (“DACA”) is a 2012 policy that temporarily protects certain undocumented youth from deportation and provides work authorization.

On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit ruled that DACA is unlawful, but returned the case to the lower court to consider the legality of the recently published DACA regulation. This Biden administration regulation, which is effective October 31, 2022, mirrors the current DACA policy.

For now, the Fifth Circuit decision maintains the status quo for current DACA recipients and new DACA applicants. Current DACA recipients may continue to benefit from the program and apply for renewals as well as related work authorization. Additionally, current DACA recipients may still apply for advance parole so that they can lawfully travel abroad. For new DACA applicants, the U.S. Citizenship and Immigration Services will continue to accept but cannot process their applications.

Please contact the attorney at LHSCD working on your case if you have any questions about the DACA program. Or, to schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form.