Court Finds Deferred Action for Childhood Arrivals (DACA) Final Rule Unlawful

By Shin-I Lowe on September 21, 2023

On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA final rule unlawful. DACA, which commenced in 2012, protects certain undocumented immigrants brought to the United States as children from deportation and allows them to receive employment authorization. As a result of this decision, USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization. However, because the July 16, 2021 injunction remains in effect, while USCIS will continue to accept initial DACA requests and accompanying applications for employment authorization, it cannot process them.

Practically, this means that this decision does not disturb the safeguards against deportation the injunction guaranteed for the over 825,000 DACA recipients. Employers can continue to employ DACA recipients with valid Employment Authorization Documents (EAD - category C33), which can be renewed. Because of USCIS processing delays, DACA recipients should apply for a renewal of their EAD at least six months in advance of the expiration date. Employers should be aware that DACA recipients can work only with a valid EAD, as this category does not qualify for an automatic extension of their expiring EADs while their application is pending.

Littler will continuing to monitor and will provide updates as they become available.

This article was originally published on Littler Mendelson's website. Click here to read the original article.

© 2023 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.

Posted: September 22, 2023

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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