Law Office of Leila Freijy PLLC Immigration & Compliance Law

DACA litigation update

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On 10/5/2022, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on 8/30/2022 and scheduled to go into effect on 10/31/2022. At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Consistent with the court’s order and the ongoing partial stay, USCIS will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process first-time DACA requests. The FAQs at Additional Information: DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”)

This client alert is being provided only to company representatives. Please share with your foreign national staff as you see fit or direct them to our web site where this client alert will be posted. If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.   Sincerely, Leila Freijy Law Office of Leila Freijy PLLC

Law Office of Leila Freijy PLLC| FreijyLaw.com Immigration & Compliance Law

Leila Freijy, Esq. 3150 Livernois Rd #103 Troy, MI 48083 248.817,8280 248.287.4115 (fax) leila@freijylaw.com