Recent Court Activity on the Fate of the DACA program

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On January 17, 2025, the Fifth Circuit Court of Appeals partially upheld a U.S. district court ruling that parts of the Deferred Action for Childhood Arrivals (DACA) program are illegal. However, the Fifth Circuit limited the impact of its ruling to residents of Texas while the case remains on appeal.

What Does This Mean, For Now?

• People who already have DACA will keep their status and work authorization.
• People with DACA can continue to renew their status and work authorization.
• Residents of Texas who have DACA will lose their status and work authorization if the Fifth Circuit’s decision takes effect, which will depend on how the U.S. district court responds.
• The immigration agency, the U.S. Citizenship & Immigration Services (USCIS), will continue to accept and receipt initial DACA applications, but will not approve them.

What Should You Do Right Now?

• If you already have DACA, you should work with an experienced immigration attorney to renew your status as soon as possible.
• If you have any doubts about your eligibility to renew DACA – especially if you have been arrested or charged with a crime – speak to an immigration attorney before applying.
• If you live in Texas and have DACA, consult with an immigration attorney right away to determine how this ruling impacts your immigration status.
• If you have DACA, consult with an immigration attorney before traveling to the state of Texas.
• If you are traveling outside the United States on DACA Advance Parole (international travel permission), do not re-enter the United States through any Texas Ports of Entry, including Texas airports.

For more information on the status of DACA, or if you want our firm’s assistance with renewing your DACA status, please reach out to Kolko & Casey, P.C. at (303) 371-1822.