DACA Ruling: Implications You Need to Know
On September 13, 2023, a federal judge issued a significant ruling that declared the Deferred Action for Childhood Arrivals (DACA) Final Rule as unlawful. However, it's essential to understand the key details of this ruling and how it may impact DACA recipients. Here is all you need to know for now.
1. Validity of Current DACA and EAD:
Your existing DACA (Deferred Action for Childhood Arrivals) status and Employment Authorization Document (EAD) remain valid. This means you can continue your education and employment in the United States without interruption.
2. Renewal of DACA:
The United States Citizenship and Immigration Services (USCIS) will continue to accept and process DACA renewal requests. If your DACA is set to expire, you should proceed with the renewal process as you normally would. We are seeing the letters sent from USCIS change in the language as they are speaking to the recent legislation in Texas.
3. No New DACA Applications:
The ruling prohibits the submission and processing of new initial DACA applications. If you have never applied for DACA before, you cannot do so until further notice.
Special Considerations:
If you are a DACA recipient who initially received DACA status after July 16, 2021, you are currently ineligible to renew your DACA or initiate a new DACA application. This restriction will remain in place until the court's order changes.
Additional Points to Keep in Mind:
The court's decision may be subject to appeal, meaning the outcome could evolve in the future.
Congressional action is still a possibility; lawmakers may enact legislation to provide protection for DACA recipients.
It is crucial for DACA recipients to maintain documentation of their presence in the United States, such as a valid passport and driver's license.
In light of this ruling, it is advisable to stay informed about updates and changes in DACA regulations. We are still assisting clients to renew DACA.
Please note that the legal landscape surrounding DACA is dynamic, and future developments may impact the situation. We will continue to monitor these changes closely and provide updates as they arise.