Last updated on October 12, 2023. On July 16, 2021, a federal court ruled that DACA is illegal. Judge Hanen ordered that USCIS can no longer grant DACA status to individuals who have never had DACA before. USCIS can continue to accept first-time DACA applications, but it does not have the power to approve those applications at this time. On September 13, 2023, Judge Hanen in Texas made a ruling on the "Final Rule" for DACA, which was the Biden Administration's attempt to "fortify" the DACA program. Judge Hanen ruled that the Final Rule, like the original DACA memorandum, is illegal. As a result of the September 2022 court ruling, there are no changes to the DACA program due to this court order. DACA recipients can still renew their DACA and apply for Advance Parole, and new applications are still not being processed. Legal experts expect this case to be taken back to the 5th Circuit and eventually to the Supreme Court.

Santa Fe Dreamers Project shares updates about the DACA litigation regularly via our newsletter. Click here to sign up! 

Last updated October 12, 2023. Due to court orders, at this time USCIS is not processing initial (first time) DACA applications. This is due to the ongoing litigation in the Texas case. For the most up-to-date information about this issue, contact us at info@santafedreamersproject.org or visit one of our DACA clinics (see information below). 

There are a few potential ways that DACA (or something like it) could come back into effect in the future. We encourage any individuals who would be eligible for DACA to continue to gather your evidence to be ready to apply again if another opportunity presents itself. For information on what evidence is required for a first-time DACA application and how to get it, email us at sfdpdaca@gmail.com.

Last updated October 12, 2023. If you filed an application for DACA status that had not been approved yet before Judge Hanen’s decision came out, it is unclear what will happen to your application at this time. Currently, these cases remain on pause with USCIS. USCIS will not be able to approve those pending initial DACA applications until a change happens in the Texas litigation. 

Last updated October 12, 2023. At this time, DACA renewals are unaffected by the court rulings in the Texas case. Current DACA recipients are still eligible to renew their DACA. 

For individuals who currently have DACA, we strongly encourage continuing to renew. Renewals can be submitted up to 150 days (5 months) in advance and we recommend that individuals renew within at least 3 months. USCIS processing times can vary.

For individuals who had DACA, but it is expired, you may still be eligible to renew. If your DACA has been expired for less than one (1) year, you can still submit a renewal application and it will be adjudicated by USCIS. If you are unsure, you are welcome to come by a clinic to consult with an attorney or legal representative.

For individuals whose DACA has been expired for longer than a year, unfortunately, USCIS treats these applications as “first-time” applications. Because of the injunction on first-time applications, we recommend that these individuals hold off on submitting renewal applications.

Updated on October 12, 2023. As of this time, USCIS is accepting applications for Advance Parole for DACA recipients. We offer legal services for advance parole at our walk-in DACA clinics every week. You do not need an appointment. See above for more information about the DACA clinics. If you have any questions about advance parole, please come see us at a DACA clinic and we’ll be happy to discuss your unique situation and any potential risk factors with you. 

SFDP hosts weekly clinics in Santa Fe and Albuquerque. You do not need an appointment. Please bring your current DACA card.

For DACA, please bring two money orders made out to the “U.S. Dept. of Homeland Security,” one for $520 and one for $85.

For Advance Parole, please bring one money order made out to the “U.S. Dept. of Homeland Security” for $630.

For those who are unable to attend our in-person clinics, we also offer an online renewal option.  Click here for more information about SFDP’s online DACA services.