The Current State of DACA

Recently, a federal district court judge in Texas ruled that the U.S. Department of Homeland Security violated the Administrative Procedure Act when creating the Deferred Action for Childhood Arrivals (DACA). The court held that USCIS can process DACA renewals, but can only accept (not process) DACA applications from new applicants. The White House has already declared that it will appeal the decision as well as issue a proposed rule concerning DACA.

On July 19, 2021 the acting Director of USCIS, Tracy Renaud, announced that DACA recipients granted DACA on or before July 16, 2021, "will continue to have and be eligible to renew DACA and to request and receive advance parole." However, this decision does leave some questions unanswered ex. regarding DACA recipients who let their status lapse for more than a year can have their DACA application processed as well as whether there will be any issues with DACA recipients reentering the U.S. on an Advance Parole.

I am hopeful that Congress will pass legislation with a permanent solution for DACA applicants and recipients.

If you think that you may be affected by the court's decision, you may wish to consult with an immigration attorney. Attorney Carcagno handles U.S. immigration and may be able to assist you via a consultation. You may contact her at (734) 999-0360 or rcarcagno@myimmigrationattorneynow.com.

***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***

Sources:

(1) https://s3.documentcloud.org/documents/21010983/7-16-21-texas-v-us-opinion.pdf

(2) https://www.uscis.gov/news/news-releases/statement-from-uscis-acting-director-tracy-renaud-on-deferred-action-for-childhood-arrivals-daca

(3) https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca