Recently there have been updates on the DACA program that has a direct effect on DACA recipients and the program. On July 16, Federal District Judge Andrew Hanen decided that the Department of Homeland Security (DHS) violated the law because of the way the DACA program was created.

He stated that back in 2012, the Administrative Procedure Act (APA) was violated when DHS created the DACA program by exceeding the power that Congress had provided this executive branch when DHS did not follow standard procedure by going through notice and commenting rulemaking under the APA.

As of the moment this article was written, the following are the most relevant points regarding DACA:

  • If you have DACA now, it is still valid.
  • If you have a DACA renewal application pending, you can keep renewing until further notice.
  • If you have a pending initial DACA application, there is an indefinite freeze on that application.
  • If you are eligible for DACA but haven’t applied yet, USCIS can accept your application but can’t process it.
  • If you have advance parole through DACA, it is still valid.
  • If you have DACA and a pending advance parole application, USCIS will still process it, but cannot approve it.
  • If your DACA lapsed for over one year, and you want to renew it, USCIS will treat it as a new DACA application and cannot approve it.
  • If your DACA expires while renewing, your DACA status lapses – this means that you will accrue unlawful presence until the renewal is approved.

The White House and DHS said that the decision will be appealed. They have also announced that DHS plans to issue a proposed rule concerning DACA “in the near future.” Further, USCIS announced that it will cancel all biometrics appointments for Initial DACAs.

As your immigration attorney, Jorge Molina is committed to finding the best solution for your case and give you continuing representation. Our goal is to help you reach your immigration goals. If you are a DACA recipient and would like to clarify where you stand right now with this new decision, or would like to confirm if you can still apply for an initial DACA or renew your status, feel free to contact us at (469) 708-5800 or contact us.