DACA: Deferred Action for Childhood Arrivals
A federal court ruled on October 5, 2022 that DACA is unlawful, but this does not
change the state of DACA for now. Here is what you need to know:
- Current DACA protections and work permits remain valid
- DACA renewal requests continue for now
- Advance Parole applications continue for now
- Initial DACA requests are still on pause – they can be filed but not granted
- DACA remains in peril and Congress must act now to pass a legislative solution
Read below for more information:
On October 5, 2022, the Fifth Circuit Court of Appeals issued an opinion affirming the
federal district court’s ruling that DACA under the 2012 policy memorandum is unlawful.
However, the Fifth Circuit remanded the case back to the district court to consider the
new 2022 DACA regulations that are set to go into effect on October 31, 2022. The
litigation is ongoing and the October 5, 2022, ruling does not change the current state of
the DACA program.
The Fifth Circuit’s ruling against DACA underscores the urgency for Congress to act to
ensure and expand protection for Dreamers. However, it is important to note that
current DACA protections and work permits remain valid, individuals who have already
been granted DACA can continue to renew for now, and Advance Parole remains
available for now. No initial (first-time) DACA applications will be granted at this time,
even though initial DACA applications are still being accepted for filing.
There may be a limited window of opportunity to submit an application for DACA
renewal, Advance Parole, or initial DACA. We anticipate further developments
regarding the DACA program as litigation continues and as the Administration considers
its options. We will provide additional information as it becomes available.
Summary of important information about DACA:
Current DACA recipients. Current DACA holders maintain their current protections
and work authorization.
DACA renewal. USCIS continues to accept and grant DACA renewal requests. USCIS
recommends that applicants file their renewal request between 150 and 120 days
before their current grant of DACA expires. However, USCIS will also accept requests
filed early. While it is important to apply in a timely manner, late renewals are accepted.
However, individuals whose DACA has been expired for more than a year, or those
whose DACA was terminated by the government, will be treated as initial applicants.
Advance Parole. USCIS continues to accept and grant Advance Parole (international
travel permit) applications. Advance Parole may be granted to DACA recipients for
humanitarian, educational, and employment reasons. Those who are considering
applying for Advance Parole should consult with a trusted immigration attorney or DOJ
accredited representative before making the decision to apply and before traveling
outside the United States.
Initial DACA. USCIS continues to accept but cannot currently grant initial (first-time)
DACA requests. This means that initial DACA requests can be filed, but they remain
pending by USCIS without a decision. We anticipate future clarification from USCIS on
how they will handle initial DACA requests that are pending but cannot currently be
granted. Those who may be eligible for DACA and are considering submitting an initial
(first-time) request, should consult with a trusted immigration attorney or DOJ accredited
representative for individualized advice. In addition to the application forms and filing
fee, initial DACA applicants need to provide evidence that they meet the following
DACA eligibility guidelines:
- Entered the United States before 16th birthday
- Continuously resided in the United States since at least June 15, 2007 until the
- present
- Physically present in the United States on June 15, 2012, without lawful status
- Under 31 years old on June 15, 2012 (born after 06/15/1981)
- Currently in school, or graduated from high school, or obtained a GED, or honorably
- discharged from the U.S. armed forces or coast guard
- Pass a criminal background check
- Must be at least 15 years old to apply (unless in removal proceedings or previously
- ordered deported)
Beware of notaries/notarios. Always seek assistance from a reputable immigration
attorney or DOJ accredited representative.
We must continue to pressure Congress to pass a legislative solution. You can
take action through the following tools from our partners: United We Dream’s Dream
and Promise Act resource www.dreamandpromise.com; Immigrant Legal Resource
Center’s Dream and Promise Act resource https://www.nilc.org/action-dream-and-
promise/.
You may contact the Equal Justice Center to seek assistance with your DACA
case by calling our toll-free hotline at 888.670.6854 or emailing us at
deferredaction@equaljusticecenter.org. If you have any questions about the DACA
program or your DACA work permit, or if you need assistance applying for a
replacement work permit, please do not hesitate to contact us. Please note that due to
high demand and limited resources, appointments may not be immediately available.
We schedule appointments as soon as they are available, on a first-come, first-serve
basis.
Last updated: 10/06/2022
Below you’ll find information that will help you understand your rights when questioned about your immigration status by local or state police.
