On Wednesday, August 24, 2022, the Biden Administration announced a new rule that would strengthen DACA against legal challenges, it is intended to preserve and fortify DACA as it currently exists. The rule is scheduled to take effect on October 31, 2022.
The Final Rule:
- Maintains the existing threshold criteria for DACA;
- Retains the existing process for DACA requestors to seek work authorization; and
- Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.
To be eligible for DACA potential applicants must have arrived in the US before the age of 16, were under the age of 31 as of June 15, 2012, have lived in the United State since June 15, 2017, and have never had a lawful immigration status on or before June 15, 2012.
This announcement does not extend DACA regulations, open applications to new registrants, or create a path towards citizenship.
Currently, DHS is prohibited from granting new DACA requests and related employment authorizations due to the July 16, 2021, injunction from the U.S. Southern District of Texas. However, they are able to grant DACA renewal requests once the final rule becomes effective in October.
If you or a family member would like to discuss this or any other immigration issue give us a call!
