District Court Rules Against New DACA Regulation But Preserves Status Quo for Current DACA Beneficiaries
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On 14th October 2022, the U.S. District Court for the Southern Region of Texas rejected the recently declared Department of Homeland Security (DHS) final rule on Deferred Action for Childhood Arrivals (DACA), holding that the new rule is covered by the court’s current order blocking the 2012 DHS DACA memorandum. However, the court has maintained the DACA program status quo by confirming that a partial stay of the injunction remains in place, continuing to allow current DACA beneficiaries to renew their DACA protection. Because of the October 14 choice, however, the new DACA guideline won’t produce results on 31st October 2022, as originally scheduled, and initial DACA approvals remain enjoined.
Impact on current DACA Beneficiaries Background
The court’s decision follows a requests court ruling toward the beginning of October 2022, in which a three-judge panel of the U.S. Fifth Circuit Court of Appeals voted unanimously to uphold the district court’s 2021 order. Vacating the 2012 DHS memorandum that established the DACA program. However, because DHS had recently declared a DACA guideline. The Court of Appeals got the case once again to the district court to consider the legality of the regulation. The October 14 district court decision is the result of that review.
Existing DACA beneficiaries hold their ongoing deportation relief and employment authorization. DHS will continue to accept and process renewal applications from current DACA beneficiaries.
Impact on foreign nationals seeking initial DACA benefits
DHS continues to be restricted from giving new or pending initial DACA applications. Although the agency will continue to accept applications for new initial DACA benefits. DHS can’t deal with those applications and should hold them in advance except if the stay of the district court injunction is broadened. To include those applications or except if the DACA program is ultimately upheld in a subsequent stage of the litigation.
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Current DACA beneficiaries stay safeguarded by the continuation of the stay yet are encouraged to file renewals quickly. To minimize potential interruptions that could happen because of additional litigation. Regulation that would give long-lasting help to Visionaries has been presented in Congress, however, the possibilities for passage are uncertain.
