On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring DACA unlawful. This Judge had previously come to the same conclusion and it was appealed to the Fifth Circuit Court of Appeals. The Court of Appeals found that he erred in making his first decision and remanded the case back to the Judge to make a new decision. The Judge reviewed the case differently this time but ultimately came to the same conclusion with the same results.

This new decision has left many people with questions about DACA. The most frequently asked questions are answered below.

SEPARATE FEES FOR DACA & EMPLOYMENT AUTHORIZATION

USCIS indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms included in your DACA renewal request. Be sure to include two separate checks:
$410 for the I-765
$85 for the I-821D

USCIS may reject the entire package if you include a combined check for $495.

What is the status of DACA after the September 2023 Texas Decision?  

The status of DACA remains the same as it was before the 2023 decision. DACA renewals continue and will be processed for those who are eligible.  

DACA was implemented in 2012 through a memorandum issued by the Obama Administration. In 2021, a Texas Federal Court decision by this same judge found that the 2012 DACA policy was unlawful. This decision was appealed to the Fifth Circuit Court of Appeals who agreed with the Texas Court. In the summer of 2022, the Biden Administration announced a new DACA rule that codified the DACA policy into a federal regulation with the intent of further protecting the program from legal challenges. This new DACA rule resulted in the Fifth Circuit remanding the case back to the District Court in Texas to consider if the new DACA rule fixed the issues. The Texas Judge ruled, again, that DACA was unlawful.  

Will USCIS Process Renewals & New DACA Applications?

 No new DACA application will be approved at this time. The Court’s decision has blocked USCIS from approving any new DACA cases. Only renewals of those already approved were stayed by the Federal Court’s injunction.

Who Can Renew

You may request a renewal if you met the initial 2012 DACA guidelines and you:

• Did not depart the United States on or after Aug. 15, 2012, without advance parole;
• Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
• Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

Please note, if you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent period of DACA expired, you may still request DACA by submitting a new initial request.

When to Renew

USCIS recommends that you submit your DACA renewal application 120 to 150 days before the date your current DACA and EAD expire. 

How to Renew

• Complete and sign:
  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals
    • Use the most recent version of Form I-821D on our website or USCIS will reject your form.
  • Form I-765, Application for Employment Authorization
  • Form I-765W Worksheet (PDF, 243.14 KB)
• Follow the instructions on all three forms to submit them to USCIS. Make sure you submit the correct fees.