USCIS Updates Its FAQs Related to DACA

USCIS updated its FAQs related to DACA, including updated information regarding the 7/16/21 district court decision in Texas, et al., v. United States, which found the DACA policy “illegal.”

The FAQ states:

  1. What does this mean if I have an initial DACA request currently pending with USCIS?
    • USCIS is not permitted to approve initial DACA requests or accompanying applications for employment authorization while the court order from the Southern District of Texas remains in effect. Therefore, if you have an initial DACA request pending with USCIS, your request will remain on hold in compliance with the court order. At this time, USCIS is holding cases, rather than rejecting or closing them. While USCIS holds these cases, they will remain pending, though under the July 16 court order USCIS is not able to grant the requests that are on hold. Because these cases will remain on hold while the court order is in effect, USCIS will not issue refunds for initial DACA requests that remain on hold while the court order is in effect.
    • USCIS may issue further guidance on this subject as the Southern District of Texas litigation continues.

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Cite as AILA Doc. No. 21072803.

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