DACA: Renewal Applications Continue but Program Remains Under Threat

On Oct. 5, 2022, a federal appeals court sent Texas v. United States back to the lower court to review the Deferred Action for Childhood Arrivals (DACA) program. DACA protects people who were brought to the country when they were children without legal status and grants them work authorization and protection from deportation.

The three-judge panel of the 5th Circuit Court of Appeals, based in New Orleans, LA, did not order the Biden administration to shut down the DACA program. Individuals who currently hold DACA are still eligible to renew their period of deferred action for the time being.

However, the 5th Circuit affirmed the 2021 ruling by U.S. District Court Judge Andrew Hanen barring first time DACA applicants. On remand, the lower court will consider the DACA program in light of the final rule promulgated on August 30, 2022 by the Biden administration, which is set to take effect on October 31, 2022 provided it does not face any further legal challenges. The Circuit Court sent the case back to the District Court to review the Biden administration’s final rule.

This article is for informational purposes only. It is not meant to and cannot substitute the advice of and representation from a competent immigration attorney.