USCIS Updates DACA Policy Following District Court Decision

On September 13, 2023, a Texas District Court issued a decision finding the Biden administration’s revised Deferred Action for Childhood Arrivals (DACA) program unlawful and extending the injunction issued on July 16, 2021. However, the court maintained a partial stay of the order for DACA recipients who received their initial status before July 16, 2021.

In response, USCIS issued an update about the DACA decision stating that, accordingly, current DACA grants and related Employment Authorization Documents (EADs) will remain valid until they expire. Therefore, those with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal. USCIS will continue to accept and process renewal requests. USCIS will also continue to accept initial DACA requests, but it will not process initial DACA requests pending the outcome of litigation.


Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about the consequences of the DACA decision on your specific circumstances, please contact your team at D&S.