In July 2021, a Federal District Court in the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program was unlawful and blocked the U.S. Citizenship and Immigration Services (USCIS) from approving new DACA applications, although still allowing the processing of renewal applications for existing DACA beneficiaries. On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit unanimously upheld the lower court’s 2021 ruling that the Department of Homeland Security’s (DHS) 2012 memorandum establishing the DACA program is unlawful. However, due to the fact that the Biden Administration recently released a rule to codify and fortify the DACA program, which is meant to take effect on October 31, 2022, the Fifth Circuit returned the case to the lower court to consider the new regulation’s legality. The Fifth Circuit also agreed to temporarily preserve the program for existing DACA beneficiaries, allowing them to continue to maintain and renew DACA status pending further court orders.
What does this mean for existing DACA beneficiaries and new applicants?
Existing DACA beneficiaries retain their deportation relief and employment authorization. Renewal applications of existing beneficiaries will continue to be accepted and processed. The Fifth Circuit’s ruling continues to prohibit the granting of new or pending initial DACA applications. USCIS will accept applications for initial DACA benefits, but it cannot process those applications for the time being.