Judge Hanan Declared DACA Program Unlawful, but Status Quo Remains for Now

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On September 13, 2023, U.S. District Court Judge Hanan issued an order reaffirming a previous decision indicating that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The order extended the stay of the program issued by the district court and expanded it to cover the 2022 DACA regulation issued by the Biden Administration.

However, in practical terms, the new order will not affect the status quo at the moment:

  • Under the stay, individuals who currently have DACA will retain DACA status and the protection from enforcement it provides;

  • The order allows USCIS to continue to receive and process requests for DACA renewals from DACA recipients (as of July 6, 2021) or whose DACA protection has lapsed for less than one year; and

  • The court’s order bars USCIS from processing or granting DACA status for any new applications for DACA.

Currently valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.

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