Latest DACA Updates
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 timely filed DACA renewal requests and related work permit applications.
Initial DACA Requests: USCIS may 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, and can be renewed prior to expiration.
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.
ARRESTS / CHARGES while on DACA status?
· Very important that if you have been arrested/charged with any crime at all, you discuss the issue with a criminal attorney and immigration attorney BEFORE a plea or conviction.
· There are possibilities to negotiate with the District Attorney based on a person’s DACA, if there are other positive mitigating factors involved
· Our immigration attorney can write and submit a Legal Opinion Letter to discuss the negative impact that a criminal conviction could have on the immigration status
· Time is key in contacting a criminal defense attorney and immigration attorney if you have an arrest
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
Must be renewed timely. If your DACA has been expired for over a year, you may not be eligible to have your application processed as a renewal.
Missing deadlines can result in a lapse in work authorization, so timely renewal is crucial.
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 the latest updates, visit the USCIS DACA page: Consideration of Deferred Action for Childhood Arrivals (DACA)
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