Use this button to switch between dark and light mode.

Reminders for DACA Recipients and Employers that Work Authorization Continues After the Fifth Circuit’s DACA Decision

October 07, 2022 (1 min read)

U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section

"On October 5, 2022, the Fifth Circuit Court of Appeals partially upheld a July 2021 district court decision finding that the original DACA program (established in 2012) was unlawful; however, the Fifth Circuit sent the case back for the district court to consider the Department of Homeland Security’s new DACA regulation (issued in 2022). As a result of this ruling, existing DACA recipients retain their grant of DACA and are allowed to reapply for (and receive) renewal, but the government cannot grant new DACA applications. The court ruling does not affect ICE’s enforcement policies. Like the earlier district court ruling, the appeals court ruling does not require DHS or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that it would not otherwise take. In light of the appeals court’s decision, we are re-issuing these reminders about employment discrimination and immigrant employee rights. ... "

Tags: