September 2023 Newsletter: DACA News


This month, the big immigration news has to do with the DACA program.

Last week, U.S. District Judge Andrew Hanen decided in favor of Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The judge’s ruling is expected to be appealed to the U.S. Supreme Court, sending the program’s fate before the high court for a third time. Meanwhile, the Supreme Court has refused to hand down a decision, instead sending the case back to the lower courts.

Notably, the judge’s decision put into question the legality of the program and the Biden administration’s desire to codify it into law — but declined to order an end to it either.

USCIS has released its own statement on the matter:

“Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. However, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022, in accordance with this decision. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.”

Those with DACA can continue to apply for renewals and request advance parole as well.

Where this goes from here is hard to tell, but those with DACA should continue to apply for renewals and advance parole. Stay tuned to our blog and newsletter for the latest developments on this and other immigration matters.