Fifth Circuit Rules Parts of DACA Rule Unlawful — Renewals Still Allowed

On January 17, 2025, the Fifth Circuit Court of Appeals issued a ruling in the ongoing DACA litigation, finding that significant parts of the Biden administration's 2022 DACA rule were unlawful. However, the court limited its ruling to Texas and sent the case back to Judge Andrew Hanen in the Southern District of Texas for further proceedings. The Fifth Circuit left in place the existing stay that allows all current DACA recipients across the United States to continue renewing their DACA status and work authorization.

Critically: DACA renewals are still being accepted and processed by USCIS for existing recipients nationwide. First-time DACA applications continue to be accepted but remain blocked from processing under a separate court order that has been in place since 2021. The case is expected to continue in the federal courts, and ultimately may reach the Supreme Court.

If you currently have DACA, renew on time — do not wait until your protection expires. USCIS recommends filing for renewal 120 to 150 days before your current period ends. New applicants who have never had DACA cannot currently receive the benefit due to the court order. Monitor updates from USCIS and consult an immigration attorney for guidance specific to your situation.