On Jan. 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision regarding the DACA Final Rule. Pursuant to the court’s order, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization. USCIS will continue to accept initial requests but will not process initial DACA requests at this time. Current grants of DACA and related Employment Authorization Documents remain valid until they expire, unless individually terminated.
On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021
Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. In accordance with this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization. We will also continue to accept initial DACA requests, but in accordance with the District Court’s order, we will not process initial DACA requests.
Current valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.
On Oct. 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a decision (PDF) on the 2012 Deferred Action for Child Arrivals (DACA) policy in Texas et al. v. United States of America et al., No. 21-40680 (5th Cir. 2022). The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022. On Oct. 14, the U.S. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA Final Rule.
At this time, this ruling does not affect current grants of DACA for existing DACA recipients and related Employment Authorization Documents. While the DACA final rule is considered by the court, consistent with the court orders and the ongoing partial stay, we continue to accept and process DACA renewal requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests. Current valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. This means that individuals with DACA and related employment authorization do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.
Beginning on Oct. 31, DHS will continue to grant or deny DACA renewal requests and related requests for employment authorization, in accordance with 8 CFR 236.22 and 236.23, pursuant to the DACA regulation. Pending requests will be adjudicated under the Final Rule beginning on Oct. 31 and do not need to be re-filed. However, under the court orders DHS remains prohibited from granting initial DACA requests and accompanying requests for employment authorization.
On July 16, 2021, a U.S. district court in Texas issued a decision and injunction in Texas v.United States, holding that Deferred Action for Childhood Arrivals (DACA) is unlawful. However, the Judge allowed DACA to continue for current recipients and allowing, for now, for continued renewals.
The court:
The court “stayed” its order with regard to people who already have DACA. This means that those who already have DACA may apply to renew their DACA and that U.S. Citizenship and Immigration Services (USCIS) may continue processing DACA renewal requests. The court also emphasized that its decision should not be interpreted as terminating any existing grants of DACA. People who have DACA will not lose it as a result of the court’s order.
With respect to people who are eligible for DACA but have not been granted it, the court’s order:
The federal government announced that they will appeal this decision to the Fifth Circuit Court of Appeals.
On September 28, 2021, U.S. Citizenship and Immigration Services published a proposed rule that would re-create the DACA program in federal regulation.
On January 20, 2021, President Biden issued a memorandum reaffirming the federal government’s commitment to DACA. The memorandum states that “the Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.”
A New Jersey DACA lawyer could help you understand your options for this immigration process.
August 28, 2020
After their defeat in the courts, the USCIS under the Trump administration updated DACA to limit grants to one year and to only extend to current or former DACA recipients—no more new applicants. The agency will also reject applications sent too early and limit the circumstances under which Advanced Parole is granted.
January 9 and February 13, 2018
Federal courts issued an injunction against the President’s decision to end the Deferred Action for Childhood Arrivals (DACA) program. This meant that eligible immigrants could apply for renewal of DACA benefits! While Congress has yet to pass a permanent solution, the temporary relief allowed hundreds of thousands of people to regain work authorization and protection from deportation.
September 5, 2017
President Trump announced that the DACA program would end. This impacted almost 800,000 young people who entered the U.S. before age 16 who had temporary protection from deportation and work authorization. Thankfully, the courts issued an injunction preventing the end of DACA for the time being. While no new applications could be filed, current (as of 2017), or former DACA recipients could apply for renewal as of January 9, 2018.
Please check this webpage for updated information.
Have questions about DACA? Call (201) 330-8883 to speak with a New Jersey DACA attorney. Se Habla Espanol!
New DACA applications will be accepted but not proceeded, and any pending first-time applications for DACA will be refunded and rejected if filed after July 16, 2021. Therefore, we can only accept applicants who are applying for renewal of their DACA benefits.
If you are not eligible, you may be eligible for another status! For example, if a DACA holder obtains advance parole, travels, and is admitted to the U.S., that admission would be considered a lawful entry. Thereafter, if the DACA holder marries a U.S. citizen or has a child over the age of 21, they can immediately apply for a green card from within the U.S.
If a DACA holder entered the US legally and married a US Citizen, they can immediately apply for a green card from within the US. DACA holders who entered illegally and married U.S. citizen can apply for a provisional waiver. if approved, they can travel and receive a green card from a consulate abroad.
Things to Remember:
Call an NJ DACA Lawyer at (201) 330-8883
If you are unsure about your current status, you must speak to a immigration lawyer. Only an experienced attorney give you legal advice. Reach out today to schedule an initial consultation. During this time, we can review your complete immigration history along with the immigration status of your family to determine if there is another path available to legalize your status..
The most common reason for denial is a conviction for a felony, a significant misdemeanor, or multiple misdemeanors. A felony is a crime that’s punishable by more than a year in jail; a significant misdemeanor is a crime for which the maximum term is a year or less but greater than five days; or regardless of the sentence imposed, is an offense of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or, driving under the influence.
If not an offense listed above, a significant misdemeanor is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
Practicing since 1987, my firm has the resources, knowledge, and skills necessary to achieve your goals. We have helped over 10,000 immigrants with their immigration matters. Our New Jersey DACA lawyers are committed to providing you with the highest quality legal services, and we promise to immediately begin working on your case to achieve those goals. We will always respond to your questions or concerns. In addition, we will keep you informed and educated about the process every step of the way. Contact us today to discuss your case!
Call (201) 330-8883 to schedule a time to speak with the firm today.
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