Deferred Action for Childhood Arrivals (DACA) was established in 2012 under President Barack Obama. It provides temporary protection from deportation and work authorization for undocumented immigrants who arrived in the U.S. as children (before the age of 16). While DACA does not offer a direct path to citizenship, recipients can apply to renew their status every two years.
According to U.S. Citizenship and Immigration Services (USCIS), there are approximately 616,000 active DACA recipients in the United States today.
Recent Legal Challenges to DACA
Because Congress traditionally makes immigration policies, DACA has faced ongoing legal challenges. In July 2021, Judge Andrew Hanen in Texas ruled that the creation of DACA exceeded presidential authority, declaring the program unlawful. As a result:
The Biden Administration is appealing the ruling to the 5th Circuit Court of Appeals.
The Department of Homeland Security (DHS) can no longer process new first-time DACA applications.
Current DACA recipients remain protected and can continue to renew their status.
What Does This Mean for Current DACA Recipients?
If you currently have DACA, this ruling does not affect your protection from deportation or your ability to work legally in the U.S.
You can still:
Renew your DACA status
Apply for advanced parole for travel outside the U.S.
Maintain your current employment authorization
However, if your DACA status expired more than one year ago, you will be treated as a first-time applicant and will be subject to the freeze on new applications.
What Does This Mean for New DACA Applicants?
Judge Hanen’s ruling prevents DHS from processing first-time DACA applications, although DHS can still accept and hold applications for future action.
As a result:
All biometrics appointments for new applicants have been canceled.
Applicants who received DACA approval on or before July 16, 2021 can still complete their process.
If you are a first-time applicant, it’s recommended to consult with an immigration attorney to explore your current options and prepare for future opportunities.
Can DACA Recipients Still Travel Outside the U.S.?
Yes, advanced parole remains available for DACA recipients.
Advanced parole allows DACA recipients to travel outside of the U.S. for:
Educational purposes
Employment opportunities
Humanitarian reasons
Judge Hanen’s order does not impact advanced parole, meaning:
Those approved for advanced parole can still travel and return.
New applications for advanced parole from current DACA recipients are still being accepted and processed.
Conclusion: Stay Informed and Protect Your Status
The future of DACA continues to evolve, making it more important than ever to stay updated and maintain your status through timely renewals. If you are a current DACA recipient—or if your status recently expired—Martinez Immigration can help you understand your options, complete renewals, apply for advanced parole, and navigate the changing legal landscape.
