DHS Issues Final Rule to Preserve and Fortify DACA Policy

September 6, 2022 Ian Love

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.   

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Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Partner at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").       

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative. 

About the Author

Ian is a Partner at Global Immigration Associates. His practice focuses on immigrant and nonimmigrant matters for companies ranging from small startups to Fortune 500 companies.

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