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DACA October 2022 Updates


Since over a year ago, the Deferred Action for Childhood Arrivals (DACA) program has been at risk after a federal judge in Texas in July 2021 ruled the program unlawful. As a result, the program has been temporarily paused, only allowing current DACA holders to renew their applications while restricting any first time applicants from doing so.

Shortly after the Biden Administration took action by proposing new and amending rules for the program to help maintain its legality. The Administration's new DACA rules however demonstrated to not meet the 5th Circuit Court of Appeals standards as they partially affirmed the decision from the Texas judge from 2021, last week on October 5th 2022. Though these were disappointing results, the Fifth Circuit sent the case back to the district court for further proceedings on the new DACA regulations. This ruling does not end the program and continues to allow current DACA holders to renew their status. In addition, USCIS published and clarified how it will continue to accept and process renewal DACA requests, employment authorization documents and applications for advance parole for current DACA recipients. Further proceedings on the program are scheduled to go into effect on October 31.

The uncertainty of the program's future has discouraged over 800,000 DACA recipients and thousands of others who were left out of the program as future first time applicants. Furthermore, all of the DACA recipients have spent the majority of their lives living in the United States, many of them considering the United States as their only home and are now at risk of losing their status and being stripped away from basic rights, such as lawful working authority.

Though certain groups view this program as an overreach from the Obama administration who first introduced and established the Deferred Action for Childhood Arrivals program back in 2012, the conditions and evidence needed for an individual to qualify for DACA are restrictive. These qualifying conditions include, demonstrating that the applicant:

 

  • Came to the United States before reaching his or her 16th birthday; 
  • Was under 31 years of age as of June 15, 2012;
  • Has continuously resided in the United States since June 15, 2007, up to the present time 
  • Had no lawful status on June 15, 2012;
  • Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general educational development (GED) certificate or is  an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast guard; and 
  • Has not been convicted of a felony, a significant misdemeanor or three or more misdemeanors and does not otherwise pose a threat to the national security of public safety 



At Passage Immigration Law we are committed to provide proper legal representation and guidance for our fellow Dreamers. We encourage all current DACA recipients to renew their DACA status 6 months before their employment authorization card expires, but as early as 12 months before, due to the current uncertainty of the program. To renew your DACA status you will need to submit form I-821D, Consideration of Deferred Action for Childhood Arrivals, along with form I-765 Employment Authorization Document and your supporting evidence. The Attorneys at Passage Immigration along with their legal supporting staff are dedicated professionals who are here to help any DACA recipient through their renewal process or if in need of further legal advice during this time of uncertainty. To contact us please visit our website or call us at (503) 427-8243.

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