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ARTICLE · 18 OCTOBER 2022

DACA Developments: Vital Information For Employers And Employees

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On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a widely anticipated ruling upholding a district court's determination that the Deferred Action for Childhood Arrivals...

United StatesImmigration
Elizabeth Espín Stern
Elizabeth Espín Stern
Morgan Bailey
Morgan Bailey
John B. Corgan
John B. Corgan
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On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a widely anticipated ruling upholding a district court's determination that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision has no immediate impact on current DACA recipients or their employers, as the three-judge panel stayed its decision pending further review by the district court. In particular, the district court must review a new DACA regulation published by the Department of Homeland Security (DHS) that is set to go into effect on October 31, 2022. The Biden Administration had crafted this new regulation to address the procedural concerns raised by the district court in its earlier ruling against the DACA program. While no immediate action is required by employers or their employees, current DACA recipients should take care to renew their Employment Authorization Document (EAD) cards and DACA grant before expiry.

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