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On January 31, 2023, 9 Republican-led states (including Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi) filed a motion with Judge Andrew Hanen (the federal judge in Texas who has repeatedly rules against the Biden Administration on immigration issues).  These Republican led states have asked the judge to entirely shut down the DACA program for “dreamers” over the course of the next two years. While I doubt the ability of these states to prevail under the new created DACA program (following the strict guidance of the Administrative Procedures Act—the key problem Judge Hanen had previously with DACA), there will be a fight for its survival. The good news is that the fight will not be quick, nor even if DACA is ended, will it be immediate. If the program is ended, and again, I doubt it will be, then anyone with DACA can remain under the program until their status ends.

The best counsel I can give is that anyone that has DACA to apply for Advance Parole in order so secure a lawful entry into the United States (if you don’t already have one).  A lawful entry will allow you to adjust status through a family member in the future (spouse or adult child). There is zero risk of an individual being denied reentry on DACA. For those that have DACA and have not filed a renewal in the last six months, my advice is to file a renewal now.

If you have any other questions about these or other visas, call the attorneys at Kuck Baxter. Leaders in Immigration.

Charles Kuck

Managing Partner