The final DACA rule was published on August 30, 2021 and becomes enforceable on October 31, 2022. The rule was published by the Biden administration to try to preserve DACA from further court review. The rule’s aim is to preserve and fortify DACA as a method of relief for individuals who arrived in the United States before June 15, 2007, as children.
Key Points:
- The rule did not change or expand DACA eligibility
- The rule replaced the prior Napolitano Memorandum
- Recipients still need to apply and pay for deferred action and pay for a work permit through Forms I-821D and I-765. The filing fees are still $595.00
- USCIS must now issue a Notice of Intent to Terminate (NOIT) and allow the recipient the opportunity to respond before revoking DACA from an individual, unless the person has been convicted of a national security related offense or an egregious public safety offense
- USCIS may terminate DACA for an individual who leaves the United States without first obtaining an advance parole document and then enters the United States without inspection at its discretion
- Expunged convictions, juvenile delinquency adjudications, and immigration-related offenses characterized as felonies or misdemeanors will not automatically disqualify an individual from receiving DACA
- Information provided to USCIS from the requester and their family will not be used against them for the purposes of initiating removal proceedings
DHS is still 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, USCIS is still accepting initial requests; but the applications will be held by USCIS until the court makes its decision. Current recipients can still file for renewals.
If you, a family member or friend would like to discuss DACA or any other immigration matter. Please contact our office. We can help.
(201) 330 8883 or info@lebpc.com
