On August 24, 2022, the Department of Homeland Security (DHS) announced a Final Rule codifying the Department’s existing Deferred Action for Childhood Arrivals (DACA) policy.
See DHS’s announcement, here, and the Final Rule, here.
Through DACA, DHS provides certain eligible noncitizens who arrived in the United States as children an opportunity to defer their removal and access a renewable, two-year work permit. The Final Rule maintains the existing threshold eligibility criteria for DACA, requiring, for example, that applicants came to the United States before the age of 16, continually resided in the United States since 2007, fulfilled specific education requirements, and have not been convicted of certain crimes, among other requirements.
The Final Rule confirms that while DACA does not provide a pathway to permanent residency, DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain statutory purposes, such as receipt of Social Security benefits.
The Final Rule will go into effect October 31, 2022. However, DHS is currently subject to a July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas. While the injunction, which has been appealed, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization. The injunction has been partially stayed, permitting DHS to grant DACA renewal requests under the Final Rule. We are continuing to monitor this litigation and will notify you of any changes.
Please contact any member of the Dentons Immigration team if you have any questions regarding the above.
