05 October, 2022 5:32 PM

Breaking: DACA to Remain in Place for Only Existing Recipients Following Ruling From The 5th Circuit Court of Appeals

Nationwide: Today the 5th Circuit Court of Appeals has issued its ruling on the Texas vs United States case regarding the Deferred Action for Childhood Arrivals (DACA) Program stating that the program, under the 2012 DHS Memorandum, is illegal. The case has now been sent back to Judge Hanen in the District Court for the Southern District of Texas to decide whether the Biden Administration’s final DACA regulation is legal.  Following this ruling, current DACA recipients can continue to submit their renewal applications to USCIS for processing but no new applications will be accepted. 

Camila Alvarez, Legal Director of the Central American Resource Center has Issued the Following Statement 

We denounce the decision and its failure to adequately protect current DACA recipients and first-time applicants that qualify for the program but whose applications continue to be unjustly rejected. Today’s 5th Circuit court decision underscores the vulnerability that our immigrant communities continue to face to anti-immigrant political efforts and xenophobia in our country. DACA recipients and the immigrant community are exhausted by the constant limbo and uncertainty caused by the back and forth between the Courts, DHS, and Presidential Administrations. DACA recipients and all immigrant communities are people who deserve certainty and protection. Those that potentially qualified for the DACA program deserve to be able to benefit from the program,  but instead, we see a continued failure to provide protections.

We continue to call on the Biden Administration and Congressional leadership to speedily exhaust all legislative avenues and take bold action to protect DACA recipients and all immigrant communities. We will continue to organize alongside our community to respond to community needs to fight and hold the Biden administration accountable. We demand that the Biden Administration keep its campaign promises for the immigrant community, to protect and fortify the DACA program and secure a pathway to citizenship for immigrant families. 

We strongly advise all current DACA recipients to continue to file DACA renewal applications as soon as possible. CARECEN will continue to aid DACA recipients in filing their DACA renewal applications and is offering filing fee assistance to low-income DACA recipients. This Friday, CARECEN will also be hosting a legal virtual forum to provide the latest updates and answer the most frequently asked questions. 



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