The Biden administration published its final Deferred Action for Childhood Arrivals (DACA) regulation Tuesday as a U.S. federal appeals court weighed how the new regulation should affect ongoing litigation.
BAL Analysis: While the publication of the final DACA regulation is an important step in protecting the program, it does 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. Immigration advocates have stressed that litigation could delay the regulation’s Oct. 31 effective date and that individuals in need of renewals should submit applications as they normally would and as early as they are eligible, given the uncertainty around the litigation. BAL will continue to provide updates on important developments related to DACA.
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