What You Should Know About DACA after the 5th Circuit decision
updated 10/11/2022
On October 5, the 5th Circuit Court of Appeals decided that the 2012 DACA program is illegal but allowed DACA holders to keep and receive extensions of their work authorization while the case goes on in the lower courts. The 5th Circuit sent the case back to the lower court to consider the Biden administration’s August 2022 DACA rule.
What does the decision mean for people who have DACA now?
The decision allows DACA holders to remain in DACA status, be protected from deportation and apply for extensions of DACA and work authorization while the case makes its way back to the Supreme Court. That means, current DACA holders should continue to renew DACA, but no new DACA applications can be granted at this time.
- If you’re a DACA holder, continue to renew DACA and work authorization
- If you are eligible for DACA but have not applied or if you previously applied for DACA for the first time, your application will not be granted at this time. DHS is not allowed to grant initial DACA requests because of an injunction from a federal court in Texas
- Do not travel out of the U.S. without applying for permission, advance parole, before you travel
- You do not have to tell your employer that you have DACA
- This court decision allows DACA and work authorization to continue temporarily but DACA remains in danger.
Beware of notarios or scammers
Beware of scammers promising that you will receive DACA status if you are an initial applicant. Find a reputable legal services provider near you.
Take Action, and Make your Voice Heard!
Only Congress can provide DACA holders with permanent protection. Take action by telling your senators to provide permanent protections and a pathway to citizenship for DACA holders and the millions of others who call America home: 1-888-204-8353
What you can do now
Here are a few simple things you can do to help:
- Call your senators and urge them to provide a path to citizenship for DACA holders and the millions who call America home: 1-888-204-8353
- Donate to the DACA renewal fund. Let’s make sure renewals are accessible to as many DACA recipients as possible.
Renew DACA
United We Dream explains how to easily renew DACA in 2023. Check it out!
DACA: CHECKLIST FOR OTHER IMMIGRATION OPTIONS (Download)
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