Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA)

This fact sheet is current as of November 18, 2024. It is not legal advice.

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ILCM is not taking any initial DACA applications at this time. ILCM is still taking DACA renewal cases. 

USCIS updated its DACA Frequently Asked Questions on 10/23/2024. The guidance includes: 

• Initial DACA applications and associated applications for work authorization may be filed, but will not be decided, due to court orders. While applications remain pending, USCIS will not refund filing fees. 

• Someone who was previously granted DACA but did not request renewal within one year of the expiration cannot apply for renewal.  Someone in this situation could apply for DACA by submitting an initial application. USCIS can keep an application pending, but is prohibited from approving these applications. 

• USCIS has cancelled all biometrics appointments for initial applications. Renewal applicants and applicants for advance parole should attend scheduled biometrics appointments. 

• If you are a current DACA recipient, your grant of deferred action and related work authorization, as well as any DACA advance parole document issued, will remain in effect and will expire according to their existing terms. Any requests for renewals of those grants are now governed by the regulations at 8 CFR 236.21-236.25 and not the 2012 Napolitano Memorandum. 

 

Background and Timeline 

October 10, 2024: The Fifth Circuit Court of Appeals heard arguments on the legality of DACA, as established in a Federal Regulation by the Biden administration in 2022.  

The district court ruled that regulation is illegal.  

The Fifth Circuit will decide whether the district court decision is right or wrong. The Fifth Circuit decision could come at any time.  Whatever the Fifth Circuit decides may be appealed to the U.S. Supreme Court. 

October 6, 2022: The 5th Circuit Court of Appeals decided the Deferred Action for Childhood Arrivals (DACA) program, as established by the Obama administration in a memorandum issued by then-Attorney General Janet Napolitano, was unlawful. The decision came in the context of an appeal of a July 2021 district court decision.   

Significantly for current DACA holders, the appeals court allowed the Biden administration to continue processing and approving renewal applications while the litigation continues. However, hundreds of thousands of immigrant youth who have become eligible since 2017 and others who were never able to apply remain locked out of the program. 

Read ILCM’s FAQ fact sheet here: https://www.ilcm.org/latest-news/daca-frequently-asked-questions/

August 24, 2022: The Biden administration announced a final version of the DACA rule that it initially proposed in 2021. The rule codified the 2012 Napolitano memo establishing DACA (Deferred Action for Childhood Arrivals), putting DACA into the Federal Register as an official regulation, effective October 31, 2022. 

The entire 435-page rule is available here— https://www.federalregister.gov/public-inspection/2022-18401/deferred-action-for-childhood-arrivals —and is summarized in a much-shorter press release from the Department of Homeland Security here. 

This new rule did not expand eligibility, or re-open DACA for first time applicants. Nor did it authorize processing applications from the nearly 80,000 young people who applied in 2021 and are awaiting a decision on their cases. This new rule did not impact the status of current DACA recipients. Immigrant youth who have aged into eligibility since 2017 and hundreds of thousands of other immigrants who were never able to apply remain locked out of the program. 

“DACA is right and legal and it has helped hundreds of thousands of young people finish school, apply for a work permit, and be protected from detention and deportation,” said Jenny Stohl Powell, ILCM executive director. “Current DACA recipients should continue to file for renewal well in advance of the expiration of their DACA status. Everyone should beware of any social media or other messages offering to process applications under the new rule or reserve ‘a place in line.’ No new applications will be accepted because of pending litigation, and there is no line.” 

On September 5, 2017, Attorney General Jeff Sessions announced that the administration was rescinding Deferred Action for Childhood Arrivals, commonly known as DACA. The rescission was effective on March 5, 2018. 

While the Attorney General’s announcement said that no renewals would be allowed after October 5, 2017, federal courts reversed that order, allowing  people who have DACA to apply for renewal. 

Congress has not acted to extend DACA or to pass a Dream Act. 

No new DACA applications are being accepted now. That could change, too. To keep up with the latest developments on DACA and other immigration issues, follow ILCM on Facebook and Twitter. 

The original DACA program was established on June 15, 2012, when the Secretary of Homeland Security announced that certain people who came to the United States as children and met several guidelines could request consideration of deferred action for a period of two years, subject to renewal.