DACA Ruled Unlawful but Continues for Now

On October 5, 2022, the U.S. Court of Appeals of the Fifth Circuit issued a decision on DACA. The court partially agreed with the district court’s ruling that DACA is unlawful. The three-judge panel stated that the Obama administration did not have the legal authority to implement the program. The case will now go back to the district court for further proceedings. It is expected that the Biden administration will file an appeal paving the way for the issue to go all the way up to the U.S. Supreme Court, which would allow them to issue a final decision on the legality of DACA next year.

Although the appeals court ruled that DACA is unlawful, DACA is still in place and those who currently have DACA will not be affected and USCIS will continue to accept renewals. However, those who have never had DACA, or those who failed to renew their DACA within a year of it expiring are not eligible to apply. Regardless of what may happen with DACA, remember to keep renewing it while it is still allowed.