Current State of the DACA Program

September 13, 2023

On September 13, U.S. District Court Judge Andrew Hanen issued an order reaffirming its previous determination that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The order extends the existing district court stay of the program and expanded it to cover the 2022 DACA regulation issued by the Biden Administration.

AILA issued a statement after the district court issued its order finding that the conclusion on the legality of DACA is “incorrect.” AILA Executive Director, Ben Johnson urged Congress to act immediately to pass legislation protecting Dreamers.

DHS Secretary Alejandro Mayorkas issued a statement expressing disappointment with the ruling and emphasizing that “DACA recipients will not lose their protection from removal.”

In practical terms, the new order will not affect the status quo:

• Under the stay, individuals who currently have DACA will retain DACA status and the protection from enforcement it confers;
• Renewals: the order allows USCIS to continue to receive and process requests for renewals from DACA recipients (as of July 6, 2021) or whose DACA protection has lapsed for less than one year; and for
• New applications: the court’s order bars USCIS from processing or granting DACA status for any new applications for DACA.