On June 1st, 2023 U.S. District Judge Andrew Hanen heard arguments regarding the Deferred Action for Childhood Arrivals, or DACA, immigration program. Previously in 2021, Judge Hanen had declared DACA illegal.
Now, the 2021 ruling has been appealed, allowing DACA renewal applications to continue for up to one year after expiration BUT denying first time applications to be processed.
USCIS is still not processing first time applications
It is important to understand that there might be a lot of misinformation about the DACA program. If you are unsure about the current status of DACA, check the USCIS webpage on the program or the USCIS DACA Litigation Information Page.
While it may feel good to hear what you want to hear, you should always question the information you receive. Even people you trust may unknowingly be spreading misinformation.
Here are some facts about the DACA program:
1. You can still renew your DACA as long as your deferred action has not been expired for longer than 1 YEAR.
Check the date on your employment authorization card (EAD). If you’ve lost or misplaced your employment authorization card, you should have received a notice saying when your last period of deferred action started and when it will end.
2. While USCIS may accept first time applications, they are NOT being processed.
USCIS will accept your application fees, but they will NOT process your application. There is no “additional fee” you can pay to have your application processed. Be wary of people who say they can get your initial application to be processed.
3. Even if Judge Hanen rules against DACA again, it is unlikely DACA will end immediately.
Legal experts believe that whatever the decision, the case will probably be appealed again. It will continue to play out in the courts, potentially even going to the Supreme Court. It’s important to look at trusted news sources and NOT panic.
It is important if you’ve had new arrests on your record in the past two years to include a certified court disposition on the incident. You should talk to an immigration lawyer BEFORE you file your DACA application to make sure the arrest does not disqualify you from receiving DACA.
Last updated: 8-02-2023
Immigration law is always changing. We will do our best to keep our website as up-to-date as possible, but the latest information might be more readily available at USCIS.gov. These pages were written to help you better understand your legal options, however, none of the information published by Catholic Charities Milwaukee should be considered legal advice. If you plan to open your own immigration case, hire an immigration attorney to consult you personally.