DACA

The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.

On January 17th, 2025, the Fifth Circuit Court of Appeals (“Court”) issued its latest decision in the ongoing DACA litigation. While nothing has changed, and current DACA recipients can continue to renew their DACA and obtain both protection from deportation and work authorization, it is important to understand what the current state of DACA is and what can change in the future.

On June 6, 2024, the ILRC submitted a comment in support of DHS’s temporary final rule (TFR) providing automatic extensions of employment authorization documents. The TFR specifically requested comment on whether the measure should be permanent and how long permanent automatic extensions should be. The ILRC wrote in support of a long and permanent auto-extension policy to ensure that applicants are not harmed by administrative delays that lead to lapses in document validity.

The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.

On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that incorporates DACA into the Federal Regulations, a process that serves to codify the program into law. Since its announcement, there have been several questions around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This Community Explainer details how the rule impacts current DACA recipients, how ongoing court battles affect how DACA is implemented, and more. 

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) released a final fee rule that will go into effect April 1, 2024. This Community Alert delves into the provisions of the new rule including increased fees, expanded fee exemptions, and changes to fee waiver policy. This downloadable guide also offers some key takeaways and resources to find support for your immigration case.

If you are a DACA recipient living in California and facing financial challenges, you can get your renewal filing fees covered by connecting with and getting support from a participating direct services organization found in the directory below. Note that this support is only available until the end of 2023.

On September 13, 2023, Judge Andrew S. Hanen, a federal judge in the Southern District of Texas, ruled that the Biden administration’s final DACA rule, issued in August 2022, is unlawful. Judge Hanen previously ruled in July 2021 that the 2012 DACA memorandum, which preceded the rule, was. His earlier ruling was affirmed by the U.S. Court of Appeals for the Fifth Circuit, but the appellate court sent the case back to Judge Hanen to consider whether there are any material differences between the DACA rule and the 2012 memo.

This Practice Alert goes over Judge Hanen’s latest ruling. It’s important to note that the amended order does not change the status quo. Current DACA recipients, or those whose DACA has lapsed for less than a year, can continue to renew their DACA and work authorization, as well as apply for Advance Parole. However, first-time DACA applications continue to be blocked and cannot be processed.