The Deferred Action for Childhood Arrivals (DACA), a program established in 2012 by the Obama Administration, helps undocumented children who have unlawfully entered the U.S. to apply for temporary relief from deportation as well as their worth authorization.
On July 16th, 2021, a Texas federal court ruled that first-time DACA applicants are barred from applying to the program. The court held that the new DACA applications will be rejected as the entire program is “unlawful”. The USCIS has confirmed that all individuals whose DACA requests were approved before July 16th, 2021, will continue to have DACA status and will be eligible to renew their DACA work permits, however, the federal government is prohibited from granting DACA for any new applicants. On July 6, 2022, the Fifth Circuit panel decided to hear the arguments in relation to the legality of the DACA program.
The USCIS is not permitted to approve DACA applications for employment authorization while the court order from the Southern District of Texas remains in effect. If you have an initial DACA request pending with USCIS, your request will remain on hold and USCIS will not issue refunds for initial DACA requests. The individuals whose DACA requests were granted before July 16, 2021, will continue to be eligible to renew DACA and to request and receive advance parole.
As of right now, DACA remains as it once was. Those who currently possess DACA can renew their deferred action, but no other first-time applications will be granted.