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Uncertainty. 

That's the reigning feeling that looms over DACA recipients and their families. We wish we had more definitive news to tell you about DACA (Deferred Action for Childhood Arrivals), but in an unfortunate but unsurprising turn, DACA is back in the courts with another federal lawsuit. 

On October 10, 2024, a hearing was held in the Fifth Circuit Court of Appeals, where a group of states led by Texas once again sued the Biden Administration on the legality of DACA. This hearing was deja vu to everyone involved - two years ago a hearing took place before the same federal court (in New Orleans) - but at that time the Court was hearing arguments about the executive memorandum that created DACA, and this time the challenging states have requested the Court to consider the validity of DACA regulations. 

A decision on the case has not been announced, but is expected in the next few months. It is anticipated that a ruling on the legality of DACA is not going to be reached in a substantial manner in the Circuit Courts, and that any decision made at the Circuit level will be appealed to the U.S. Supreme Court. Legal experts are predicting that a DACA hearing will take place in the Supreme Court in late 2024 or the spring of 2025. 

A Brief History:

DACA was started by President Obama in 2012 by executive order, and it shields an estimated 700,000 Dreamers from deportation and allows them to be eligible for work authorization, as long as they were brought to the United States illegally before they turned 16, graduate from high school, and avoid felony convictions.

A 2021 ruling by a federal judge in Texas stopped anyone new from enrolling in DACA. Since that time the outcome of DACA has been pending, with multiple lawsuits being filed in the federal courts. Although new DACA applications are not being processed during the pending litigation, DACA renewals are still allowed to process with USCIS (United States Citizenship & Immigration Services). 

It is very important that if you are a current DACA recipient you file to renew your status before it expires, at least 150 days prior to its expiration. 

If you have questions about your DACA status or need help filing a renewal, you can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.