The Deferred Action for Childhood Arrivals (DACA) program continues to experience changes, and it is important for current and prospective applicants to stay informed about the latest developments. This update provides guidance on the current status of DACA, potential future changes, and practical tips for navigating the application and renewal process.
Current Status of DACA
DACA is currently on hold for first-time applicants and for those who applied in 2019, 2020, 2021, or later. This pause resulted from a court ruling by District Court Judge Hannon in Texas, which temporarily blocked DACA for initial applicants. The case has moved between the district and circuit courts and is now back with Judge Hannon.
A decision is expected soon, possibly within the next few months. This decision may determine whether the United States will begin accepting new DACA applications again, specifically for individuals eligible under the original 2012 executive order, now codified into law. Eligible first-time applicants may soon have the opportunity to apply and receive deferred action.
Preparing for Future DACA Applications
Those interested in applying for DACA in the future should consider the following:
Criminal history considerations: Individuals who previously had DACA but lost it due to a criminal record—or those who never applied because of past convictions—should consult with an immigration attorney. In some cases, a criminal defense attorney may be able to vacate certain convictions, such as DUIs, which could restore eligibility for DACA once a favorable decision is issued.
Arrests and enforcement: There have been no widespread arrests targeting current DACA recipients. DACA continues to provide protection from removal while it is valid. Detentions generally involve individuals who no longer have valid DACA or have committed a crime after their last renewal.
Renewal and Advance Parole
For current DACA recipients:
Renew early: Renewal applications can typically be filed up to six months before the current DACA expires. Processing times are currently longer than under previous administrations, so early filing is recommended.
Advance parole: Travel authorization under DACA is still being approved, but processing may take up to a year and a half in some cases.
DACA and Court Proceedings
Active DACA status can have significant implications for ongoing immigration court cases:
Many administratively closed cases have been recalendared.
Courts frequently dismiss or terminate cases when the respondent has active DACA and valid deferred action, since current status provides protection while valid.
Key Takeaways
DACA remains a vital program for eligible immigrants, offering protection from removal and the ability to work legally in the United States. Individuals should stay proactive by:
Monitoring updates on first-time applications
Consulting with qualified attorneys about criminal records that may affect eligibility
Filing renewals early and preparing for longer processing times
For questions regarding eligibility, renewals, or potential applications under DACA, it is highly recommended to seek guidance from an experienced immigration attorney who can provide personalized support and ensure compliance with evolving regulations.