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On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (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.” See the Memorandum and Order and Supplemental Order of Injunction.
Accordingly, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated. However, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations at 8 CFR 236.22 and 236.23, as it has since October 31, 2022, in accordance with this decision. USCIS will continue to accept initial requests, but per the order, not process initial DACA requests.
Currently 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.
For more information on DACA, please visit our USCIS DACA webpage.
For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.
This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-393-4917, text us using our chat box, or complete our contact form.
