Deferred Action for Childhood Arrivals (DACA)


On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision on the DACA program. Although it ruled that the DACA program is unlawful, the appeals court ordered a lower court to review the DACA program in light of a final rule issued by the Department of Homeland Security in August 2022 to preserve the program. For the time being, this means that nothing has changed for DACA beneficiaries. Following this decision:

  • Current DACA beneficiaries remain protected and may continue renewing their work permits.
  • Permission to travel outside the U.S., known as “advance parole”, remains available to current DACA beneficiaries under certain conditions.
  • U.S. Citizenship & Immigration Services (USCIS) will continue to accept new applications for DACA-eligible individuals, but it cannot process/approve those requests if DACA was not granted prior to July 16, 2021.

The Office of Immigrant Affairs will provide additional information and updates regarding future decisions impacting the DACA program.

If you have additional questions about how this DACA decision impacts you and wish to speak to an attorney or authorized legal service provider, see our recommendations about Protecting Yourself from Fraud and Getting the Right Help in your immigration case. You may also contact the Office of Immigrant Affairs at 1-800-593-8222 for a referral to a nonprofit legal service provider.

This information is not legal advice.

DACA applicants should only seek advice and services only from licensed attorneys and federally accredited representatives. This includes questions about eligibility and form competition assistance. Read “Getting the Right Help” on our Immigration Fraud page for more information. For assistance with a referral to an authorized nonprofit service provider, contact the OIA at 1-800-593-8222.

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