Recent Court Of Appeals Decision And What It Means For Deferred Action For Childhood Arrivals

On January 17, 2025, the United States Court of Appeals for the Fifth Circuit issued a decision regarding the Deferred Action for Childhood Arrivals (DACA) Final Rule. USCIS operations regarding this decision will be modified, and the following information in this article will be simplified to help understand the changes.

What is DACA?

In 2012, the Department of Homeland Security (DHS) announced that people who came into the U.S. as children may request to temporarily reside in the country without facing immediate deportation. This protection lasts for two years per approval and can be renewed. A successful filing also permits applicants to file for an Employment Authorization Document to work legally in the United States; however, it does not grant them full legal status or citizenship.

The requirements for the first DACA request include being born on or after June 16, 1981, entered the United States before the age of 16 and continued to be present in the country, have not had any previous immigration status changes, are currently enrolled or graduated from high school (or equivalent), and have not been convicted of a felony or significant misdemeanor. Further evidence is required to prove these requirements.

The challenge to this program began in 2021 when a district court in Texas argued that DACA is unlawful in creation and operation. The court halted approvals for new DACA applications but allowed current applications that have been accepted to keep their status. Several other states, including Nebraska, joined Texas in their case.

Fifth Circuit Decision

The judges of the Fifth Circuit affirmed and upheld the previous rulings that declared DACA unlawful but have made some modifications to the ruling. They upheld the policy of forbearance, which defers deportation for eligible individuals, because it can function separately from other parts of the program. The court further adjusted the scope and limitations of the injunction to the State of Texas. This means the halting of DACA applications does not apply to the State of Nebraska and initial requests are able to filed (Appeal/Injunction).

Changes to USCIS

In states besides Texas, initial applications are now able to be filed with USCIS. The decision could allow DHS to process initial DACA applications filed by people outside of Texas, however, DHS is currently prohibited from granting initial requests under this rule. The circuit court’s decision will not take effect until the lower court issues its decision, but this case may eventually lead to the Supreme Court. DHS will continue to adjudicate (or decide) on and approve applications for DACA renewals [not initial requests],employment authorization, and other parole processes.

Current DACA Recipients

The injunction now allows current DACA recipients who obtained their status before July 16, 2021, to keep their protections and benefits for the time being. USCIS will continue to decide on renewal and employment authorization requests within 120 days of submission, and it is encouraged to do so before expiration. If you are a recipient interested in renewing, note that your previously filed applications and evidence will need to be refiled.

How Polaris Law Group Can Help

If you have additional questions about DACA or would like to begin the renewal process, our immigration team is available and only a phone call away. Our goal is to use our professional expertise to make a difference in our community, and as such we do everything in our power to help you understand your rights. Expect to immediately receive guidance and information from our attorneys and paralegals to help you and your family. Callus at 402-606-1441 and schedule a consultation, or you can view our website at polarislawyers.com and submit an inquiry.

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