[UPDATE ON 12/11/2023] – On October 10, 2024, the Fifth Circuit Court of Appeals heard oral arguments in the Texas v. U.S. case, reviewing the district court’s decision that the new 2022 DACA regulations that went into effect on October 31, 2022 are unlawful.
While we wait for a decision, it is important to note that the district court and the Fifth Circuit did not make any new immediate changes to the DACA program. For now, those who currently have DACA, or those whose DACA has expired within one year, can continue to renew and advance parole remains available. Initial DACA requests (and late renewal requests from those whose DACA expired over a year ago) can be filed, but will not be granted at this time. The litigation is ongoing, and we encourage you to periodically visit our website and follow us on social media to learn of any new developments. To receive the latest updates and developments on DACA ,sign up here.
It is also important to note that there will be a change in administration on January 20, 2025 (inauguration day). The Trump administration had previously attempted to end DACA, and we do not know what will happen next. Below is the latest information we know but is subject to change depending on what happens in the courts and what happens when the Trump administration begins.
I currently have DACA. How Does the Pending Litigation and the Elections Affect My DACA?
If you currently have DACA, your DACA and work permit are still valid. You can still use your social security number and work permit; nothing has changed with your current DACA. Don’t let your DACA and work permit expire. Consider renewing, ideally with the assistance from a U.S. Department of Justice (DOJ)-accredited organization or an immigration attorney now! Also, consider renewing your DACA early (e.g., if your DACA expires within a year) in case there is a change in the availability and processing of DACA renewal requests. Keep in mind that there could be an overlap in the dates of your last and new DACA issuances if you decide to apply early.
Questions on first-time (initial) DACA requests.
In 2021, Judge Hanen ruled that USCIS can no longer grant DACA to new DACA requestors. I have never had DACA before and filed a request before the Hanen decision. I completed my biometrics; what will happen next?
A 2022 Fifth Circuit opinion and Judge Hanen’s order prohibits USCIS from granting any first-time initial DACA requests at this time. If you filed your first-time initial DACA request with USCIS but it was NOT decided on, USCIS continues to hold your request and your payment but will not approve or deny your request until further notice. We do not know what will happen with the pending initial requests under the new administration.
Are first-time DACA requests automatically rejected now?
No. USCIS can still accept first-time initial DACA requests (meaning USCIS will not reject and return your request) but cannot grant requests at this time due to Judge Hanen’s order and the 2022 Fifth Circuit opinion.
I was planning on sending my first-time request out soon. Should I still?
The 2022 Fifth Circuit opinion and Judge Hanen’s order prohibit USCIS from granting any first-time initial DACA requests at this time, even though initial requests can be accepted for filing. In light of the election results and the upcoming change in Presidential administration, though, we urge caution in filing first-time requests for DACA. People who have had any involvement in the criminal legal system should exercise additional caution before filing a first- time request. We recommend that you consult with an immigration attorney or DOJ-accredited representative before filing your request. As litigation proceeds through the courts, we will keep you updated here.
Am I at risk of deportation now?
The Biden administration and DHS have made it clear that “Dreamers” are not a priority for deportation. Even Judge Hanen’s order states (and the Fifth Circuit agreed in 2022) that his decision does “not require DHS or Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual.” However, we do not know what will happen under the new administration.
Notwithstanding the above, if you have any problems with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), please call 1-844-363-1423, UWD’s MigraWatch Hotline, as well as your Senator or Representative, who may be able to liaise with ICE on your behalf.
Questions on DACA Renewals
Are renewal DACA requests being processed?
Yes. For individuals whose DACA has not expired or expired within one year, USCIS will continue accepting and processing DACA renewal requests until either there is a court order saying otherwise, or until the new administration takes action to change or end processing of DACA renewals. Don’t let your DACA and work permit expire! Consider renewing, ideally with the assistance from an accredited organization or an immigration attorney. If your DACA expires within a year, consider renewing now! Keep in mind that there could be an overlap in the dates of your last and new DACA issuances if you decide to apply early.
Should I renew early?
We recommend that you consult with an immigration attorney or DOJ-accredited representative to determine if now is the best timing for your DACA renewal request. Due to the ongoing litigation and a change in administration, there may be a limited window of opportunity to apply for renewal. USCIS encourages renewals to be filed between 120 and 150 days prior to the expiration of your DACA. However, USCIS will accept forms earlier than 150 days before expiration. Keep in mind that USCIS may process early-filed requests quickly, which could result in cutting short the current DACA grant and having the new DACA grant expire sooner than it would have if the renewal had been processed later.
Can I submit an expedite request for my DACA?
While USCIS does not currently process formal expedite requests from DACA requestors, it is our understanding that USCIS may still consider circumstances– such as those described on USCIS’ expedite request webpage— that warrant more expeditious processing. We therefore encourage you to include any information that may be helpful to USCIS in processing your renewal on a cover letter that you include with your DACA renewal filing and follow up with the USCIS contact center to request expedited processing if warranted.
Can I file online?
Yes, DACA renewals can be filed online. Current DACA recipients must first create a USCIS online account in order to file Forms I-821D (application for DACA), I-765 (application for work authorization) and I-765WS online. The online account provides a potentially quick method of submitting forms, paying fees, and tracking the status of USCIS applications. This is only applicable to DACA renewal requests. It is always recommended to receive assistance from an accredited organization or an immigration attorney when filing any immigration documents and they may be able to help troubleshoot issues when applying online. The total cost of the application is also $50 less when filing online.
How should I pay for my renewal?
If you file on paper, you should include two separate payments with your request, one for each application form. For example, if you are paying by check you should include a check for $520 for the Form I-765 and a separate check for $85 for the Form I-821D. Checks that are made for $605 (the full cost of requesting DACA through paper filing) may be returned, and USCIS may reject the entire package. USCIS has indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms you include in your request for DACA through paper filing. If you file online, there is a $50 discount and a single payment of $555 is submitted electronically.
If you need financial help, please see “Additional Resources” at the bottom.
How long will USCIS be accepting DACA renewal filings?
Under the Biden administration, USCIS will continue accepting and processing DACA renewal requests until there is a court order mandating otherwise. We do not know what will happen under the new administration beginning on January 20, 2025. The Fifth Circuit had previously agreed with Judge Hanen’s decision that DACA under the 2012 memorandum was unlawful so they may side again with Judge Hanen thatDACA under the new rule is unlawful. While we wait for the 5th Circuit decision and are still under the Biden administration, we know renewals can continue to be processed and granted by USCIS.
I would like to renew my deferred action and work authorization under DACA, but my DACA lapsed for a year or more. What does this mean for me?
If you submit a DACA request a year or more after your last DACA grant expired (or at any time if your most recent DACA grant was terminated early by USCIS), your request is currently considered by USCIS as an initial request and will not be granted at this time. At this time, USCIS will accept these requests for filing, accept the payment and issue receipt notices, but will not process or approve these filings due to the Fifth Circuit and Judge Hanen’s order. See the guidance provided by USCIS.
Questions on Advance Parole
Is advance parole open for DACA recipients right now?
Yes. According to the latest guidance from USCIS, the agency will continue to process and grant advance parole for current DACA recipients. We recommend that you consult with an immigration attorney or DOJ-accredited representative before applying for advance parole and before traveling outside the U.S. Due to the ongoing litigation, there may be a limited window of opportunity to apply for advance parole. Additionally, due to the upcoming change in the Presidential administration, we do not know what will happen with advance parole applications and there could be greater risks involved when traveling under the new administration. If you are interested in applying for advance parole, we recommend speaking to an immigration attorney or accredited representative immediately and consider filing emergency advance parole requests with travel dates between now and January 19, 2025.
I was approved for advance parole; how will the Fifth Circuit’s decision and Judge Hanen’s decision affect the granting and use of my advance parole?
We recommend that you consult with an immigration attorney or DOJ-accredited representative before traveling outside the U.S. Both the Fifth Circuit’s 2022 ruling and Judge Hanen’s decision permit Customs and Border Protection (CBP) to honor advance parole granted to DACA recipients by USCIS, but the individual will still be subject to an immigration inspection at the port of entry. It is unclear how travel on advance parole will be impacted by future court orders. Additionally, due to a change in administration, we do not know what will happen with advance parole applications and there could be greater risks involved when traveling under the new administration. Therefore, you should consider using your advance parole as soon as possible but returning before January 20, 2025.
My advance parole request is still pending. Will USCIS process it?
As noted above, we recommend that you consult with an immigration attorney or DOJ-accredited representative before traveling outside the U.S. Both the Fifth Circuit’s 2022 ruling and Judge Hanen’s decision permit Customs and Border Protection (CBP) to honor advance parole granted to DACA recipients by USCIS, but the individual will still be subject to an immigration inspection at the port of entry. It is unclear how travel on advance parole will be impacted by future court orders. Additionally, due to a change in administration, we do not know what will happen with advance parole applications and there could be greater risks involved when traveling under the new administration. If your request is still pending consider filing an expedite request. If your parole request is approved, consider using your advance parole but returning before January 20, 2025. If that’s not possible, you should speak to your attorney or accredited representative about the risks and benefits of using advance parole after January 20, 2025.
How do I ask that my pending advance parole request be expedited?
If you have a current advance parole application pending at USCIS, you may consider requesting that your application be expedited. The request to expedite is within the discretion of USCIS and requires documentation both of the urgency of the request and reasons it should be granted. USCIS field offices can grant expedited processing of advance parole requests to individuals if:
- You have already submitted an application by mail;
- Your application has been pending for several months;
- Your departure date is approaching; and
- Your travel request meets the USCIS criteria for expediting decisions (e.g. severe financial loss, emergencies, humanitarian reasons, etc.)
Contact your congressional representative if you require further advocacy for your expedite request. Call your representatives’ and senators’ offices and ask to speak with their immigration caseworker. You can find out who your congresspeople are and get their contact information by entering your zip code at www.house.gov/representatives/find/ (to find your representative) and www.senate.gov/senators/index.htm (to find your senators).
As noted above, due to the upcoming change in administration, we do not know what will happen with advance parole applications and there could be greater risks involved when traveling under the new administration. If your parole request is approved, consider using your advance parole but returning before January 20, 2025. If that’s not possible, you should speak to your attorney or accredited representative about the risks and benefits of using advance parole after January 20, 2025.
How can I request emergency advance parole?
USCIS currently accepts emergency advance parole applications at local field offices. Generally, an Infopass appointment is required, but some field offices permit walk-ins. To apply, you must bring to your appointment the completed advance parole application packet (including filing fee), along with evidence to demonstrate the urgent need to travel within 15 days. Emergency advance parole can be granted the same day as the appointment. As stated above, we recommend that you consult with an immigration attorney or DOJ-accredited representative before applying for advance parole and before traveling outside the U.S. Due to the ongoing litigation, there may be a limited window of opportunity to apply for advance parole. Additionally, there could be greater risks involved when traveling under the new administration.
I have DACA and am currently outside the United States with advance parole. Can I still return to the U.S. using my advance parole under DACA?
Both the Fifth Circuit’s 2022 ruling and Judge Hanen’s decision permit Customs and Border Protection (CBP) to honor advance parole granted to DACA recipients by USCIS, but the individual will still be subject to an immigration inspection at the port of entry. It is unclear how travel on advance parole will be impacted by future court orders. Furthermore, we do not know what will happen with DACA and advance parole under the new administration. You should consider returning on advance parole before January 20, 2025.
Next Steps
Can Judge Hanen’s decision be appealed?
The Fifth Circuit Court of Appeals issued its decision on October 5, 2022 and, based on the Fifth Circuit’s order, a hearing before Judge Hanen took place on October 14, 2022. On October 14th, Judge Hanen issued an order that allowed renewals to continue to be processed and granted by USCIS, while still blocking first-time initial requests from being granted. We don’t yet know how long it will take to have a new decision or order. After Judge Hanen issues a new decision, any party could appeal further to the Fifth Circuit and to the Supreme Court of the United States.
What can we do now?
It’s important that Congress pass legislation that provides permanent solutions for undocumented youth with or without DACA, TPS holders, farmworkers, essential workers and our family members, and for the Biden administration to do everything they can to help immigrant youth who have relied on and trusted the government by requesting DACA.. If you’re a DACA recipient, know that you are lawfully present in the U.S. and have rights. Check in on your DACA friends today.
Take Action
In the face of a violent anti-immigrant platform that will be led by President-elect Trump, the Home is Here campaign is ready to continue the fight to relentlessly defend DACA recipients and our communities at every turn. Trump’s continuous pledge to end DACA, carry out mass deportations and family separations, and violently target and raid communities nationwide, will be met with bold, powerful resistance as directly-impacted individuals and allies forge a new path to a future in which we’re all protected. Text “Home Is Here” to 787-57 to stay plugged in with the Home Is Here Campaign.
This urgent moment requires the Biden-Harris Administration and Members of Congress to take advantage of every possible measure to deliver massive protections for millions of immigrants over the critical next few weeks. The upcoming lame-duck session is the vehicle to do so, and we call on all local, state and federal officials to take unapologetic steps to prepare to dismantle Project 2025 and Trump’s plans before they wreak havoc on our communities
To receive the latest updates on DACA text “DACA Info” to 787-57.
Additional Resources
- Financial help for DACA requesters– for a how-to renew guide, and a list of organizations that provide financial help
- DACA Renewal Fund – to Donate
- Map of low-income & pro-bono lawyers across the country. :https://www.immigrationlawhelp.org/
- Timeline of DACA developments, particularly in the courts https://www.nilc.org/resources/timeline-daca-in-the-courts/
- DACA renewal calculator https://www.nilc.org/resources/dacarenewalcalculator/
