You never had a lawful immigration status on or before June 15, 2012, or.Had no lawful status on June 15, 2012, meaning that:.Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS.Have continuously resided in the United States since June 15, 2007, up to the present time.Came to the United States before reaching your 16th birthday.You may request DACA for the first time or renew your existing period of DACA if it is expiring. This page provides information on requesting consideration of deferred action for childhood arrivals (DACA). USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the defunct policy.ĭHS will comply with the order while it remains in effect, but DHS may seek relief from the order. Extending one-year employment authorization documents under DACA to two years.Extending one-year grants of deferred action under DACA to two years and.5, 2017, and in accordance with the Court’s Dec. Accepting applications for advance parole documents based on the terms of the DACA policy prior to Sept.5, 2017, and in accordance with the Court’s Dec.4, 2020, order Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to Sept.Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to Sept.Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy. However, pursuant to the Jorder from the Southern District of Texas, DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. The Court, however, temporarily stayed its order vacating the DACA memorandum and its injunction with regard to individuals who obtained DACA on or before July 16, 2021, including those with renewal requests.Ĭonsistent with this order (PDF, 401.59 KB), DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. District Court for the Southern District of Texas held that the DACA policy “is illegal.” The Court granted summary judgment on plaintiffs’ Administrative Procedure Act (APA) claims vacated the JDACA memorandum issued by former Secretary of Homeland Security Napolitano remanded the memorandum to DHS for further consideration and issued a permanent injunction prohibiting the government’s continued administration of DACA and the reimplementation of DACA without compliance with the APA. We will provide additional updates as more information is available. Texas July 16, 2021) (“Texas II”) are still applicable. The FAQs at Additional Information: DACA Decision in State of Texas, et al., v. Consistent with the court’s order (PDF) and the ongoing partial stay, we will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests. 31, 2022.Īt this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. 30, 2022 and scheduled to go into effect on Oct. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy.
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