What is happening with DACA 2023?

The Supreme Court could decide within the next year whether to hear a case about the legality of the Deferred Action for Childhood Arrivals (DACA) policy. In September 2023, Judge Andrew Hanen, a federal judge in the U.S. Southern District of Texas, who issued a ruling declaring that the DACA program is illegal.

What is the DACA update for 2023?

On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule.

What's going on with DACA right now?

On October 31, 2022, the DACA Rule rescinded and replaced the 2012 DACA memo. All current grants of DACA and advance parole issued under the 2012 DACA memo remain valid. Applications to renew DACA are now governed by the DACA Rule.

Why is my DACA taking so long 2023?

USCIS is not currently processing new DACA applications, but it processes DACA renewals in an average of 13 months. Several factors can cause processing delays and affect wait times, including the COVID-19 pandemic, the USCIS backlog, and which service center or field office is processing your application.

Can DACA be taken away?

A28: Yes. DACA is an exercise of prosecutorial discretion, and under 8 CFR 236.23(d), we may terminate a grant of DACA at any time, at USCIS' discretion.

What the latest DACA ruling means for "Dreamers"

What would happen if DACA ended?

Hospitals would be unable to serve as many patients. Classrooms would lose their teachers. And families of all backgrounds would experience the enormous stress of losing loved ones to deportation. DACA faces the imminent risk of being ended, threatening the lives of hundreds of thousands of young people.

Can you go from DACA to green card?

Yes. DACA recipients who obtain an H-1B visa could eventually adjust to lawful permanent resident (LPR or green card) status. The H-1B visa is a dual intent visa, allowing immigrants to be eligible for lawful permanent resident status after they reach their maximum six-year period of stay under the visa.

Can I get fired if my DACA expires?

If your employer asks you questions about your EAD expiration date, you should be honest. If there are other options to get a new work permit in the future, let your boss know that you are working on it. Unfortunately, your employer can legally terminate your employment once your work EAD expires.

What age does DACA end?

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012 (this means you must have been born on or after June 16, 1981).

Can you still apply for DACA 2023?

DACA Applications – As of 2023, individuals who have not previously applied for DACA may not be allowed to submit new applications. Regardless, it's important to monitor the latest developments, especially as court rulings and potential legislative actions go into effect to alter this policy.

Can DACA become citizens?

DACA recipients cannot receive amnesty, a path to citizenship, or legalization. DACA recipients can get a temporary stay against their deportation for two years at a time. DACA recipients cannot vote.

Why is DACA considered illegal?

Hanen ruled that DACA was illegal in part because of the way it was created—as a memorandum from the Department of Homeland Security and not a more involved process that complies with procedural rules and philosophy that usually accompany action from a federal agency.

Are dreamers still protected?

I currently have DACA. Am I able to keep it for now? Yes. Current DACA recipients are still protected and can keep their deferred action and work permits for now.

Why should DACA be permanent?

After living here for the majority of their lives, they consider the United States to be their only home and sending them to their country of origin that thy are not familiar with would be immoral and unjust. Making DACA permanent can reduce constant fear and anxiety among the youth and their families.

Are DACA renewals being delayed 2023?

For its part, USCIS does not acknowledge a delay in processing times, pointing to their website which shows a one month processing time in DACA renewals during 2023.

Who qualifies for DACA?

For this analysis, undocumented individuals were identified as likely eligible for DACA if they met age, education, and length of residence requirements, including being between ages 15 to 41; being enrolled in school, having completed high school or an equivalent, or being a veteran; and having entered the U.S. prior ...

Can a DACA recipient be deported?

DACA gives undocumented immigrants: 1) protection from deportation, and 2) a work permit. The program requires that the DACA status and work permit be renewed every two years. On January 20, 2021, President Biden issued a memorandum noting his administration's intent to both preserve and fortify DACA.

Is DACA considered undocumented?

Students who are DACA recipients (Deferred Action for Childhood Arrivals), also known as “DACA-mented” students, are still considered undocumented students even though they may have a social security number and/or an Employment Authorization Card.

Can a 35 year old apply for DACA?

To apply, immigrants had to be younger than 31 on June 15, 2012, must have come to the U.S. when they were younger than 16, and must have lived in the U.S. since 2007.

Why can t dreamers apply for citizenship?

There is no “US citizenship for DACA dreamers”. One can only naturalize to become a US citizen after being a permanent resident for a number of years, and DACA does not provide a pathway to permanent residency or any other legal status.

Can DACA leave and come back?

If a DACA recipient travels on advance parole and is paroled back into the country, they may then go through the adjustment of status process in the U.S. and obtain their green card without leaving the U.S. Make sure to speak to an attorney about your specific case and if advance parole is the best option for you.

How can a DACA recipient get a green card without marriage?

DACA recipients who have an immediate relative that is a U.S. citizen are eligible for sponsorship from that relative for permanent residence (green card). Sponsorship means the sponsor can demonstrate the ability to financially support the immigrant relative.

Can I marry a DACA recipient?

A DACA recipient can potentially obtain a green card through marriage if they're married to a U.S. citizen or a lawful permanent resident. However, the process and requirements vary depending on several factors, including the immigration status of the spouse and the manner of the DACA recipient's entry into the U.S.

Can I marry my undocumented boyfriend?

Marriage to an undocumented person who entered illegally

If the undocumented alien spouse entered illegally and remained in the country for more than 6 months, then he or she may have to attend to a Green Card interview at the U.S. consulate or embassy in his or her home country.

What is the difference between the DACA and the Dream Act?

The DREAM Act is a bill that got introduced in the U.S. Senate in July 2017 (similar bills have been introduced in Congress for well over a decade). The bill aimed to provide permanent relief to DREAMers by changing the law, whereas DACA provided temporary relief by executive action.