With the Deferred Action for Childhood Arrivals (DACA) program having spent years in legal limbo, the Department of Homeland Security on September 28, 2021 published a notice of proposed rulemaking. After review public comments, a final rule was published on August 24, 2022, with an effective date of October 31, 2022. The new regulations kept the original eligibility requirements for DACA but codified it with the idea that a program based on regulations following notice and comment would be better positioned to withstand litigation than the current version based on a memo from the Secretary of the Department of Homeland Security.
On October 14, 2022, Judge Hanen, a federal judge in the Southern District of Texas, issued an order blocking the new DACA regulations while he considers the already-pending challenge to DACA which had been remanded to him from the Fifth Circuit Court of Appeals. Under Judge Hanen’s current order, DHS can continue to grant DACA renewals but cannot grant DACA to any new applicants.
A final decision on the legality of the DACA program still hangs in the balance. But given Judge Hanen’s past decisions and given the makeup of the Fifth Circuit Court of Appeals and the Supreme Court, it seems likely that DACA’s days are numbered. The ultimate fix, as we have long known, is that Congress must pass a DREAM act to give DACA grantees and all DREAMers permanent status in this country.
When a lawful permanent resident applies for citizenship in the United States, they are required to pass two tests: an English test and a U.S. history and civics test. If…
1. Why are we suing? What is this case about? We are looking to assist individuals who have filed Form I-601A, Application for Provisional Unlawful Presence Waivers with USCIS more…
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