Current DACA status as of Jan. 28, 2025
The information here does not constitute legal advice and is provided for informational purposes only. Individuals are strongly recommended to seek the advice of an attorney to discuss their unique circumstances.
Deferred Action for Childhood Arrivals (DACA) was initiated through executive action by the Obama administration in 2012. DACA allows young people brought to and raised in the United States to become eligible for work authorization while remaining in the U.S. without being targeted for removal and with authorization to work legally. It became a regulation (published in the Code of Federal Regulations or CFR) under the Biden administration but was then challenged in court. Becoming a regulation makes it harder for a subsequent administration to make changes via executive action. However, on Jan. 17, 2025, the Fifth Circuit Court of Appeals made some rulings that weaken the regulation although note that the litigation is ongoing. The result of the rulings as of Jan. 28, 2025:
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For now, current DACA recipients can continue in the program and can continue to send in applications for renewal for processing.
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No new applications will be processed but they can be submitted.
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Expect updates as the court’s ruling may lead to the work authorization piece of DACA being severed from the piece delaying enforcement through further court action.
Read the full opinion. The U.S. Citizen and Immigration Services (USCIS) has an up-to-date webpage including FAQs: www.uscis.gov/DACA.