DHS Issues Regulation to Preserve and Fortify DACA

August 25, 2022

The Biden Administration finalized a rule on August 24, 2022, to preserve and fortify the DACA program.

The final rule, set to go into effect on October 31, 2022, codifies into federal regulation the DACA program, which shields certain noncitizens who arrived in the United States as children from deportation and allows them to work legally in the U.S.

The rule preserves long-standing DACA eligibility requirements. To qualify, immigrants must have arrived in the U.S. by age 16 and before June 2007, must have studied at a U.S. school or served in the military, and must lack a criminal record.  New DACA recipients may apply but, due to ongoing litigation, USCIS is prohibited from approving their applications. Renewal applicants will be able to have their DACA applications approved under this new rule.

In addition, the rule retains the existing process for DACA requestors to seek work authorization, and affirms that DACA recipients are considered “lawfully present” for certain purposes.

In its Press Release announcing the final rule, the Biden Administration stated its continued commitment to the DACA program.  “Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country.”

Please contact the attorney at LHSCD working on your case if you have any questions about the DACA program.  Or, to schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form .

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