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How Will the Final Rule on DACA Be Implemented?

The Department of Homeland Security gave a final rule on the Deferred Action for Childhood Arrivals (DACA) program on October 31, 2022. This update may leave a positive impact on the over 800,000 children or young individuals who have been brought to the United States with their families from deportation. Continue reading to learn how the Department of Homeland Security will implement this rule on DACA and how one of the experienced attorneys at our Lyndhurst family & individual immigration law firm, The Law Offices of Salvatore A. Falletta, can help you in retaining citizenship.

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

The Department of Homeland Security’s final rule on DACA states that DACA is now based on a formal regulation that will protect and strengthen the program as it goes through litigated proceedings. This is different from it being previously based on a policy memorandum that former Department of Homeland Security Secretary Janet Napolitano established on August 15, 2012. Notably, this ruling was based on more than 16,000 comments that we received in the public comment period.

How will the Department of Homeland Security be implementing the final rule on DACA?

The Department of Homeland Security will implement the final rule on DACA in the following ways:

  • They will continue to validate current DACA recipients’ deferred action, employment authorization, and advance parole.
  • They will not view DACA as a form of lawful status, but instead, recipients will be viewed as “lawfully present” for “certain purposes.”
  • They may grant deferred action and renewable two-year work authorization to non-citizens who: meet all eligibility criteria, clear all national security and public safety vetting, and merit a favorable exercise of discretion.

Since DACA is still going through litigated proceedings, the Department of Homeland Security will be refraining from granting deferred action to any new DACA recipients at this time.

Of note, Secretary of Homeland Security Alejandro N. Mayorkas said in regard to the ruling, “This final rule is our effort to preserve and fortify DACA to the fullest extent possible.” He followed up with, “Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

Also quoted was, U.S. Citizenship and Immigration Services (USCIS) Director Ur M. Jaddou, who said “Implementation of the DACA final rule illustrates USCIS’s continued commitment to Dreamers.” Jaddou also said, “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 are a DACA recipient and you are curious as to how this ruling will affect your status, you must speak with a skilled Bergen County immigration attorney as soon as you get the chance.