DACA Court Decision September 2023
On September 13, 2023, District Court Judge Hanen again ruled that DACA is unlawful. This comes as no surprise, as he ruled in a similar way in June of 2021. This is another destabilizing event for the DACA community, and we understand the uncertainty and anxiety it may bring to all DACA recipients.
IMPORTANT: Although this is a negative ruling, DACA renewals and Advance Parole applications continue to be accepted and processed. Initial DACA applications, unfortunately, are still not being processed.
Potential Next Steps
The case is expected to be appealed to the Fifth Circuit Court of Appeals, which will likely hear the case sometime in 2024. There is a high probability, based on their previous rulings, that the Fifth Circuit will rule that DACA is unlawful. There is a chance that they could remove the stay on DACA renewals in their decision, meaning DACA renewals and Advance Parole would stop. However the Fifth Circuit rules, the case will likely be appealed up to the Supreme Court. If the Supreme Court decides to take on this case, the Court will likely hear this case in the next two years. Due to the litigation process, there is a higher probability that the case will be heard in the 2024-2025 session, and then a decision from the Court issued in the Spring of 2025.
All of these potential next steps are legal experts’ best predictions of how litigation could play out and are not guaranteed outcomes or dates.
What this means for DACA recipients
It’s important to remember that Judge Hanen cannot and did not take away DACA renewals for current DACA recipients —only the appeals court, or later, the Supreme Court, can change that. That means that, despite Judge Hanen ruling DACA unlawful, the following remains the same:
- DACA renewals are still open. This could change, which is why we urge you to renew as soon as possible while the courts are still allowing these applications to be processed.
- First-time DACA applications continue to stay in limbo and will not be processed.
- Advance parole for current DACA recipients is still available.
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Resources
NSHE DACA Resource Guide
This was developed by the NSHE USSC for Nevada undocumented immigrant communities and allies. The NSHE USSC is made up of higher education staff and faculty, as well as community organizations, with the focus of supporting undocumented students in Nevada colleges and universities. Visit the for more information.
51³Ô¹ÏºÚÁÏ Undocumented Student Program
The Undocumented Student Program (USP) provides services, resources, and support to undocumented students (with or without DACA) and mixed-status families on our campus.
Visit our webpage or contact us at undocumented@unlv.edu.
51³Ô¹ÏºÚÁÏ Immigration Clinic
The 51³Ô¹ÏºÚÁÏ Immigration Clinic's University Legal Services program offers FREE assistance with DACA renewal forms and legal consultations for 51³Ô¹ÏºÚÁÏ students, staff, and their family members. DACA renewal forms assistance does not include the $495 USCIS DACA renewal fee.
For assistance, please visit: or email immigrationclinic@unlv.nevada.edu
51³Ô¹ÏºÚÁÏ DACA Renewal Scholarship
Scholarships are available to current 51³Ô¹ÏºÚÁÏ students in order to assist with the $495 DACA renewal fee.
To view eligibility requirements and apply visit the application:
Immigrant & International Student Sponsorship
The Intersection & CSUN are now providing funding for non-citizen 51³Ô¹ÏºÚÁÏ undergraduate students' in order to cover fees from the process of obtaining or maintaining any immigration status, granting awards up to $500 per student.
To view eligibility requirements and apply visit the application:
51³Ô¹ÏºÚÁÏ Counseling and Psychological Services (CAPS)
CAPS is here to help you manage your feelings so that you can make the most of your college experience. Our clinicians are trained to help you work through problems commonly experienced by college students of all ages and backgrounds.
Visit their webpage to learn about their services.
Call 702-895-3627 to schedule an initial consultation.