The Current State of DACA

On September 13, 2023, the District Court for the Southern District of Texas ruled against DACA. However, the judge issued a stay on his own ruling allowing the case to be appealed with DACA renewals still intact.

The case will likely end up before the Fifth Circuit Court of Appeals and then the Supreme Court. There may not be a decision on the ultimate fate of DACA until May or June 2025. It is very possible that the Supreme Court will agree with the District Court and end DACA once and for all. That is why we need Congress to step in and finally deliver protections for the millions of undocumented people including DACA recipients and DACA-eligible youth.

But for the time being:

• DHS will continue to process DACA renewals and associated Employment Authorization Document (EAD) applications for current DACA recipients and for applicants who file for a renewal within one year of the expiration of their prior DACA grant. However, this can change after the Fifth Circuit makes a new decision, so renewals should be filed as soon as possible.
• If you are eligible for DACA but have never applied, DHS can still accept your application but will NOT be able to process it. These applications will be put on hold.

Visit our DACA page for more information >>