On September 13, 2023, a ruling was issued by the U.S. District Court for the Southern District of Texas, declaring the Deferred Action for Childhood Arrivals (DACA) Final Rule to be unlawful. The ruling expanded upon the original injunction and order of vacatur issued on July 16, 2021, to now encompass the Final Rule. However, there is a partial stay of the order in place specifically for "all DACA recipients who received their initial DACA status prior to July 16, 2021.
As a result, existing grants of DACA and associated Employment Authorization Documents (EADs) will remain valid until their individual expiration dates, unless terminated for specific reasons. Nevertheless, USCIS will continue to accept and process requests for DACA renewal, along with applications for employment authorization, in accordance with the DACA regulations found in 8 CFR 236.22 and 236.23. This practice has been in effect since October 31, 2022, as per the court's decision. However, while USCIS will continue to accept initial requests, it will not process them, as per the court's order.
It's important to note that currently valid grants of DACA and related EADs are still regarded as valid under the Final Rule. Therefore, individuals holding DACA and associated EADs are not required to submit requests for DACA or employment authorization until it is appropriate to seek renewal.