Alerts10.6.22

Appeals Court Ruling Puts DACA Program in Limbo

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Highlights

Recent court ruling put DACA program back in limbo

The status quo remains in effect for the time being and DHS continues to accept renewal requests for DACA and work authorization

DACA recipients and their employers are encouraged to act quickly to file renewals due to uncertainty over the program


On Oct. 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a ruling in an extremely consequential lawsuit filed by several states challenging the legality of the Deferred Action for Childhood Arrivals Program known as DACA. The court upheld the decision by the lower federal district court in Texas, which had found that the DACA program was unlawful because it violated the requirements of the Administrative Procedures Act (APA), but stayed its decision while the Department of Homeland Security (DHS) appealed the lower court’s findings. 

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