RE: DACA status
July 20, 2021
A U.S. District Court in Texas last week determined the granting of DACA status will only be available to those who were granted DACA approval on or before July 16, 2021.
All who have DACA status as of that date will continue to be eligible for renewal and work authorization. They are also eligible for Advance Parole which allows for international travel.
All who have not received DACA approval as of July 16, 2021, but have filed as recent first-time applicants, will not at this time be able get approval for their application. It is estimated there are approximately 81,000 of these applications.
This means that those with DACA approval in hand will continue renewing just as they have in the past.
Unfortunately for those without DACA approval in hand, approval will not be immediately forthcoming. USCIS will, however, continue to accept and presumably process initial requests.
I still recommend that anybody eligible for DACA go ahead and file as I believe those with DACA (even pending) will be better positioned in the future than those who do nothing.
The President has said there will be an appeal of the court's decision. The procedural administrative flaws with DACA can be corrected, but it will take time. The decision could also be addressed by Congress. While the future is unpredictable, I would hope that those with pending applications would get “credit” for their efforts once the situation is addressed with some finality.