In Regard to the Recent Court Decision on DACA
On July 16, 2021, Texas federal court Judge Hanen published his opinion on the DACA case, Texas v. United States, which challenged the legality of the DACA policy. Judge Hanen’s opinion is that DACA is not a lawful policy, but pending future litigation, will allow those with existing DACA to continue to renew. No first-time initial DACA requests will be granted at this time. This court order in no way invalidates any existing DACA work permits or travel authorization.
Employers with DACA recipients on staff can rest assured that USCIS will continue accepting and processing DACA renewal requests until there is a court order saying otherwise.
Meanwhile, USCIS has assigned more adjudications officers to process DACA filings recently to address severe backlogs. However, your employee may need support requesting expedited processing of DACA renewal and work authorization filings to ensure their timely renewal, among other things.
Employers can support their DACA recipient employees and engage in a variety of ways. The following suggested actions include ways to support DACA recipient employees within your company or organization, and support the DACA policy and potential beneficiaries more fully.
- Fund renewals for DACA recipient employees who are eligible, and encourage them to renew as soon as possible.
- Encourage employees to consider speaking with an immigration attorney or accredited representative.
- Resources, including a Legal Service Directory, are available to help with the DACA renewal process at www.InformedImmigrant.com.
- Ensure employees know that, due to COVID-19, USCIS will reuse previously submitted biometrics in order to process work authorization applications.
- Press on the new Administration and Congress to support legislation with a pathway to legal status for immigrants.
- Highlight your company’s support for DACA recipients across your platforms, such as your website and your social media accounts:
- Film and share brief videos with company leadership speaking about your company’s organizational support for DACA recipients. Please contact FWD.us if you’d like support on this project.
- Show your support on social media; Facebook, Instagram and Twitter.
- Engage in proactive press efforts to highlight your company’s support for DACA recipients.
- Call on Congress to pass a permanent legislative solution for Dreamers. This can include calling for the Senate to pass the House-passed Dream and Promise Act, which would extend protections to DACA recipients and TPS holders.
- Submit an opinion editorial (“oped”) from company leadership to a local news outlet. Some potential targets can be business publications that cover your industry, or the major daily newspaper in your location.
- Refer to this guide for suggestions on how to write an oped, and feel free to reach out to FWD.us for additional assistance.
- Support local organizations and nonprofits hosting DACA renewal workshops, scholarships for DACA-eligible individuals, or other resources that benefit DACA recipients.