October 2022 Newsletter: DACA News

The big news this month is the 5th Circuit Court of Appeals’ ruling on the DACA program — the court upheld a previous decision that the program is unlawful, and sent the case back to a lower court to decide the legality of allowing new people to enroll in the program.

Thankfully, the news we discussed last month — the administration’s push to codify DACA and affirm the rights of DACA participants — is not affected by this decision. In fact, the final version of a rule to codify and fortify DACA will take effect October 31, 2022. For now, existing DACA participants are still allowed to renew their status.

United States Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou issued a statement about the new court decision, saying,

While today’s decision is deeply disappointing, it does not change current USCIS operations. Consistent with the court’s order, USCIS will continue to accept and process DACA renewal requests, and continue to accept but not process initial DACA requests. We remain committed to preserving and fortifying DACA within our authority, but ultimately Congress must act to provide permanent protections to DACA recipients and their families.

With many Democrats in Congress openly voicing their disappointment with the ruling, this may be the push they need to finally pass legislation that safeguards DACA. How things shake out in next month’s midterm elections will likely decide if the Democrats have the numbers to pass something like this.

In other news, USCIS has automatically extended the validity of Green Cards to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

In these times of uncertainty, we are here to give you the latest immigration news and analysis! Reach out to me if you have any questions!