On September 13, 2023, a federal judge again declared that the Deferred Action for Childhood Arrivals (DACA) program was unlawful. Specifically, the court held that the attempt by the Biden Administration to codify the DACA policy into federal regulation is not permitted by law.
While Judge Hanen deemed the program unlawful, this decision did not terminate the DACA program. Accordingly, DACA remains in status quo, with recipients being eligible to re-apply for benefits with USCIS, so long as they do so within one year of expiration of their DACA benefits. However, new registrants meeting the qualifications will not have their applications adjudicated. The Biden Administration is expected to appeal this decision to the United States Appeals for the Fifth Circuit.