DACA Updates:
On September 28, 2021, the Department of Homeland Security published a notice of proposed rulemaking that established regulations to preserve and fortify the DACA policy to delay the removal of certain noncitizens. Current valid grants of DACA, related work authorization, and advance parole will continue to be recognized as valid under the final rule. The new rule will only apply to applications taken into account as of October 31.
DACA Decision October 2022
On October 5, 2022, the Fifth Circuit Court of Appeals published a decision on the Texas v. United States DACA case. The Court of Appeals agrees with the original judgment on the case that DACA is unlawful but renewals for existing DACA recipients will remain open. This means:
- DACA renewals are still open. This could change, which is why we urge you to renew as soon as possible while the courts are still allowing these applications to be processed.
- First-time DACA applications continue to stay in limbo. We hope to know more about how the Biden Administration interprets this ruling on this front and we will update this website as soon as we know. Today October 5, 2022, they are not being processed.
- Advance parole for current DACA recipients is still available
- The case is sent back down to the Texas District Court to determine the lawfulness of the Biden Administration’s new rule on DACA.
To read more information on DACA updates and the timeline, click here.
Public Charge Updates
During the Trump Administration in 2019, non-cash assistance programs were considered under public charge determinations. Federal officials could deny entry to the U.S. or adjustment to LPR status (i.e., a “green card”) to someone they determine to be a public charge. On December 2022 the Biden Administration issued new regulations which do not consider the use of non-cash benefits of being a public charge. However, many immigrant families avoid participating in assistance programs due to fears of potential negative consequences based on immigration status.
Immigration Policies Updates
In 2022, over 1 million, or almost half (45%), of all migrant encounters at the border were under Title 42 authority. This public health service act implemented by the Trump Administration in March 2020 in response to the COVID-19 pandemic suspended entry of individuals into the U.S. to protect public health. Then, the Biden Administration continued to enforce Title 42, with new exceptions provided to unaccompanied minors. On February 16, 2023, the Biden Administration announced an end to the COVID-19 public health emergency to be on May 11, 2023, consequently ending the Title 42 border restrictions.
To read more information on the other updates, click here.