Update on DACA (Updated as of October 5, 2022)

On Wednesday, October 5, 2022, the Fifth Circuit Court of Appeals released a ruling in Texas v. United States declaring Deferred Action for Childhood Arrivals (DACA) unlawful. However, in its decision, the court sent the case back to a lower court to decide the legality of DACA in light of the new federal DACA rule released by Biden’s administration in August to “preserve and fortify” the DACA program. The Fifth Circuit did not take the new federal DACA rule into account in its analysis because it was not final at the time of oral arguments. This means DACA will continue to be tied in federal litigation.

This ruling will not affect those currently enrolled in the program but will continue to bar initial applications from being adjudicated. Anyone whose DACA expires within 150-180 days is encouraged to renew now. Those with DACA expiring outside the 180-day period may also renew and should consult with an attorney to determine if it is a good choice for them. 

We will be announcing more information soon as attorneys continue to analyze the court’s opinion. Again, current DACA recipients can continue to renew their DACA status at this time. 

Visit the UC Immigrant Legal Services Center for more information. 

Contact Info

If you have any questions or concerns and/or to make an appointment. 

Amber Spring
Staff Attorney
University of California Immigrant Legal Services Center

Book an Appointment

Know Your Rights

Remember, all people in the U.S., regardless of immigration status, have rights under the U.S. Constitution and other laws. Make sure you know your rights if you are approached by police or ICE.

Review the information below to help you understand what your rights are and what to do in different situations.

  • You have the right to remain silent
  • You do not have to discuss your immigration or citizenship status
  • Stay Calm and be polite. Do not lie about your citizenship or provide fake documents
  • You do not have to sign anything without talking to a lawyer
  • You have the right to speak to an attorney before answering any questions.

If Approached By Immigration Enforcement Agents

To Immigration
or
Other Officer

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"I am exercising my 5th Amendment right under the U.S. Constitution to remain silent. I do not wish to speak with you, answer your questions, or sign or give you any documents without a lawyer present. I do not give you permission to enter my home or search my person or belongings based on my 4th Amendment rights under the U.S. Constitution unless you have a warrant to enter, signed by a judge or magistrate with my name and correct address on it that you slide under the door."

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Other Laws

Federal and California state laws require that educational personnel protect confidential student records from inadvertent or unlawful disclosure to third parties. Schools and educational institutions must safeguard student records, student data, and any personally-identifiable information. This is also true when the collection and handling of such data is necessary for legitimate educational purposes. Checkout this guide from Immigrants Rising to learn more. 

As of May 1, 2022, eligible adults 50 years of age or older can now qualify for full scope Medi-Cal, regardless of immigration status. The California Immigrant Policy Center has created a helpful FAQ. California also plans to include 26-49 year-olds in MediCal expansion, however, the rollout is not scheduled until January 1, 2024. To learn more or to get involved with efforts to move up the rollout date, visit the Health4All campaign.