The Department of Homeland Security (DHS) has posted the text of a rule to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA).
Background: The Obama administration created DACA in 2012. Upon taking office, President Joe Biden directed DHS to “preserve and fortify” the program. DHS proposed the DACA regulation in September 2021 and received more than 16,000 comments on the proposal last fall. The final version of the rule cleared White House review last week.
BAL Analysis: While the Biden administration has taken steps to protect DACA, the publication of the rule will not immediately change the status quo. Currently, DHS continues to adjudicate only renewal applications (DACA and employment authorization) and advance parole requests for existing DACA recipients. For more information, please visit BAL’s DACA Resource Center here. BAL continues to review the rule and will provide updates on important developments in the ongoing litigation.
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