Latest DACA Update: January 2025
On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the Deferred Action for Childhood Arrivals (DACA) Final Rule. Here’s what you need to know:
- DACA Renewals: USCIS will continue to accept and process DACA renewal requests and related work permit applications.
- Initial DACA Requests: USCIS will accept new applications but will not process them at this time.
- Current DACA Recipients: Existing grants of DACA and Employment Authorization Documents (EADs) remain valid until their expiration, unless individually terminated.
This ruling means that while renewals continue, new applicants are still unable to receive DACA protections. It is important for current recipients to stay updated and renew on time.
What Is DACA?
DACA is a U.S. immigration policy established in 2012 that provides temporary relief from deportation and work authorization to certain undocumented individuals who arrived in the U.S. as children. While DACA does not grant lawful status, it allows recipients to live and work in the U.S. for renewable two-year periods without the immediate risk of deportation.
DACA Eligibility Requirements
To qualify for DACA, applicants must meet these requirements:
- Age at Arrival: Entered the U.S. before turning 16.
- Continuous Residence: Lived in the U.S. since June 15, 2007.
- Education or Military Service: Currently in school, graduated, obtained a GED, or honorably discharged from the U.S. military.
- Criminal Record: No felonies, significant misdemeanors, or three or more other misdemeanors. Must not pose a threat to national security or public safety.
DACA Application Process
Those eligible for DACA must submit the following to U.S. Citizenship and Immigration Services (USCIS):
- Form I-821D: Consideration of Deferred Action for Childhood Arrivals
- Form I-765: Application for Employment Authorization
- Form I-765WS: Economic necessity worksheet
Applicants must also provide supporting documents and pay the required fees. Since immigration laws change frequently, consulting an immigration attorney is highly recommended.
DACA Renewal Process
DACA status must be renewed every two years. To avoid disruptions:
- File renewal applications 120 to 150 days before expiration
- Submit updated Forms I-821D, I-765, and I-765WS
- Pay the required renewal fees
Missing deadlines can result in a lapse in work authorization, so timely renewal is crucial.
Key Legal Developments Affecting DACA
DACA has faced multiple legal challenges over the years:
- July 16, 2021: A Texas federal court ruled DACA unlawful, halting new approvals but allowing renewals.
- October 31, 2022: DHS issued a final rule to preserve and fortify DACA.
- September 13, 2023: A Texas court expanded an injunction against the final rule but allowed renewals to continue.
- January 17, 2025: The Fifth Circuit reaffirmed that USCIS may process renewals, but not new applications.
What’s Next for DACA?
DACA continues to be challenged in court, making it essential for recipients to stay informed and renew on time. Given the legal uncertainties, consulting an experienced immigration attorney is the best way to navigate potential changes and ensure compliance with U.S. immigration policies.
For official updates, visit the USCIS DACA page: Consideration of Deferred Action for Childhood Arrivals (DACA)
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding DACA, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
