On Aug. 30, 2022, the Department of Homeland Security (DHS) issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens.
Overview
The final rule, which will take effect on Oct. 31, 2022, will continue the DACA policy that was announced in the 2012 Napolitano Memorandum, with limited changes.
The new final rule:
- Maintains that DACA recipients should not be a priority for removal
- Keeps the existing threshold criteria for DACA
- Maintains the current process for DACA requestors to seek work authorization
- Affirms that DACA designation is not a form of legal status, but DACA recipients are considered "lawfully present" in the U.S. for some purposes
Looking Ahead
DHS is still prohibited from granting initial DACA requests and related employment authorization while a July 16, 2021 injunction from the U.S. District Court for the Southern District of Texas is in effect. However, DHS can grant DACA related renewals and Employment Authorization Document (EAD) renewal requests under the final rule.
Originally published 6 September, 2022
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