The United States District Court for the Southern District of Texas issued a ruling on the new regulation proposed by the Department of Homeland Security (DHS) on Deferred Action for Childhood Arrivals (DACA). The court stands by their prior injunction blocking the DACA program from accepting new applicants; however they will continue to allow current DACA beneficiaries to renew protections. Therefore, the new regulation, aiming to take effect on October 31, 2022, will not proceed as planned.
BACKGROUND
The ruling comes after the U.S. Fifth Circuit Court of Appeals voted to defend the order against the original DACA program and remand the case to the district court to evaluate the legality of the Biden Administration’s proposed DACA policy.
CURRENT DACA BENEFICIARIES
Current DACA beneficiaries will continue to receive deportation relief and employment authorization, as previously provided to them. Additionally, DACA renewal applications submitted by current recipients will continue to be processed and legislation has been introduced in Congress to provide permanent relief for DACA recipients. However, the passing of this legislation remains uncertain.
NEW INITIAL DACA APPLICANTS
The ruling means DHS will not be allowed to grant DACA status to new applicants, including those with applications currently pending. However, they will continue accepting new applications for initial DACA benefits. These applications will not be immediately processed. Instead, DHS will hold them until DACA is upheld in the court.
CONCLUSION
The immigration team at Chugh, LLP will continue to monitor the situation and provide updates as they become available. The future of DACA and permanent relief for DACA recipients continues to remain uncertain, therefore it is essential current beneficiaries file renewals as soon as they are able. For help filing a DACA application or renewal, or case specific questions contact your trusted Chugh, LLP immigration attorney.
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