On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision regarding the Deferred Action for Childhood Arrivals (DACA) Final Rule. The court found the Final Rule unlawful and expanded the existing injunction and order of vacatur issued on July 16, 2021, to include the Final Rule.
However, the court maintained a partial stay of the order specifically for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” This decision ensures that current grants of DACA and related Employment Authorization Documents (EADs) remain valid until their individual expiration dates, unless terminated.
USCIS will continue to accept and process DACA renewal requests and associated applications for employment authorization under the DACA regulations outlined in 8 CFR 236.22 and 236.23, as it has been doing since October 31, 2022, in accordance with this court ruling. It’s important to note that while USCIS will accept initial DACA requests, they will not process them as per the court’s order.
Individuals with currently valid DACA grants and related EADs can rest assured that these documents remain valid under the Final Rule. Consequently, there is no immediate need for individuals with DACA and related EADs to submit a request for DACA or employment authorization until it is time to seek renewal.
