What Was the Final Rule on DACA?

On October 31, 2022, the Department of Homeland Security gave a final rule on Deferred Action for Childhood Arrivals (DACA). If you are a DACA recipient, follow along to find out how this rule may benefit you and how a proficient family immigration lawyer in Milwaukee, WI at Sesini Law Group, S.C., can help you in assessing your situation.

What is DACA?

First of all, DACA is an immigration policy meant to protect children who were brought to the United States from deportation. Eventually, these children will have an opportunity to retain citizenship in the United States. Since 2012, this policy has accepted 800,000 or more children to remain with their families in the United States.

What was the Department of Homeland Security’s final rule on DACA?

Put simply, the Department of Homeland Security’s final rule signifies that DACA is now based on a formal regulation instead of a policy memorandum. This will protect the program as it undergoes litigation proceedings.

More specifically, the rule establishes the following:

  • The U.S. Citizenship and Immigration Services (USCIS) will continue to recognize current DACA recipients’ deferred action, employment authorization, and advance parole as valid.
  • The USCIS will not view DACA as a form of lawful status but rather DACA recipients will be viewed as lawfully present for certain purposes.
  • The USCIS may grant deferred action and renewable two-year work authorization to non-citizens who meet the following:
    • They meet all eligibility criteria.
    • They clear all national security and public safety vetting.
    • They are found to merit a favorable exercise of discretion.

However, it is important to note that, due to the litigation proceedings, the Department of Homeland Security will not be granting deferred action to any new DACA recipients.

What was the response to the final rule on DACA?

Firstly, the final rule on DACA took into consideration 16,000 or more comments that were received during the public comment period.

With that being said, this rule is a milestone for DACA. Secretary of Homeland Security Alejandro N. Mayorkas was quoted saying, “This final rule is our effort to preserve and fortify DACA to the fullest extent possible. Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

In addition, U.S. Citizenship and Immigration Services Director Ur M. Jaddou was quoted saying, “Implementation of the DACA final rule illustrates USCIS’s continued commitment to Dreamers. While court orders prevent us from adjudicating requests from initial applicants, we will continue to carry on the important work of renewing and continuing protections for current DACA recipients, as outlined in this final rule.”

If you require more information on the recent rule on DACA, you must consult with a talented family immigration attorney as soon as possible. We look forward to helping you establish your future in the United States.

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