DACA Update [English]

On July 16, 2021, Texas federal court Judge Hanen published his opinion on the DACA case, which challenged the legality of the DACA policy.* Judge Hanen’s opinion is that DACA is not a lawful policy, but for now will allow those with existing DACA to continue to renew. First-time DACA requests will NOT be processed at this time.

What does this recent court decision mean if…

I am a current DACA recipient: 

If you currently have DACA and your work authorization has not expired, your DACA and EAD are still valid, and you are can request renewal when the time comes. If you have applied for advance parole, it will be processed. If you have been granted advance parole, it will still be respected, however, you should talk to an immigration attorney before traveling outside the U.S.

I sent in my DACA renewal: 

If you sent in your DACA renewal or need to in the foreseeable future, it will be processed. USCIS will continue to process and decide DACA renewal requests.

I sent a first-time DACA request: 

USCIS will accept your first-time DACA request. But Judge Hanen’s order does not allow USCIS to process your request while the court order is in effect. If you have a first-time DACA request pending, your request is on hold while the court order remains in effect.

I had DACA, but it expired: 

If your DACA expired less than a year ago, USCIS will still process any renewal request as a renewal. However, if your DACA expired over a year ago, you may still file for DACA, but it will be considered a first-time DACA request. USCIS will accept it, but it won’t be processed while the Texas court order is in effect.

What can we do now?

It’s important that Congress pass a permanent solution for people with DACA, TPS holders, farmworkers, essential workers, and our family members.

*If you’re a DACA recipient, you are lawfully present in the U.S. and have rights.