August 24: Deferred Action for Childhood Arrivals Final Rule

August 24: Deferred Action for Childhood Arrivals Final Rule! Check new important rules about DACA in this post! Check it now!

On August 24, 2022, the United States Citizenship, and Immigration Services (USCIS) published a new rule about the Deferred Action for Childhood Arrivals (DACA) Final Rule, which allows USCIS to approve DACA renewal requests after October 31, 2022.

Previously, the U.S. District Court for the Southern District of Texas published an injunction from July 16, 2021, currently in effect, preventing USCIS from approving initial DACA requests and employment authorization.

The Deferred Action for Childhood Arrivals (DACA) program allows undocumented immigrants who arrived in the U.S. as children, to apply for renewable, two-year work permits and to be protected from deportation from the U.S. based on their undocumented status.

USCIS requires that applicants are either “in school” or have completed high school education. This procedure allowed over 800,000 recipients to stay and work in the U.S. According to USCIS rules, the DACA program is not equivalent to a lawful permanent resident status, but recipients of the program are considered “lawfully present” for purposes of lawful employment.

Deferred Action for Childhood Arrivals Final Rule

The new rule is relevant because its impacts are significant:

• It reinstates the DACA program and its eligibility criteria as a response to the program’s invalidation by a federal court in 2021;
• Current recipients with a valid work permit under DACA do not need to apply for new work permit cards or DACA status;
• It allows current DACA recipients to continue to enjoy the benefits of the program and to apply for renewal of DACA in the future;
• It does not expand the pool of eligible DACA applicants;
• It allows for automatic termination of a DACA-employment-based authorization document (work permit) upon the termination of a grant of DACA status;
• It codifies that DACA recipients are lawfully present in the U.S. for purposes of employment and social security benefits;
• It specifies that DACA recipients do not accumulate unlawful presence in the U.S. during the duration of their DACA status;

Final DACA Reinstatement Regulation

In other words, the final regulation is intended to reinstate the DACA program with some differences, in the wake of its invalidation by a federal court in 2021.

The rule is scheduled to be published on August 30 and to take effect on October 31. However, an existing court order prohibits DHS from granting initial DACA requests and related benefits.

Until the rule is implemented or until further notice, current DACA beneficiaries may continue to renew their benefits under the terms of the existing court order.

The Department of Homeland Security (DHS) will soon publish a final regulation that codifies the Deferred Action for Childhood Arrivals (DACA) program after a federal court invalidated the prior program last year.

The rule aims to reinstate the program largely unchanged and to permit U.S. Citizenship and Immigration Services (USCIS) to grant initial and renewal DACA benefits to eligible foreign nationals.

The rule is set to be published on August 30, 2022, and to take effect on October 31, 2022. However, a current court order prohibits DHS from implementing the rule for new applicants. The regulation was promulgated in response to President Biden’s January 20, 2021promisse.

As we said above, the new rule is also responsive to a July 16, 2021, federal district court decision that affected the DACA program, the district court also held that the DACA program violated U.S. immigration law.

That order vacated the DACA program, but stayed the order for current DACA beneficiaries, temporarily preserving the program for these existing grantees. DHS continues to process DACA benefits for current DACA beneficiaries only.

The final regulation preserves the main aspects of the original DACA program created by DHS in 2012. This includes its individual eligibility requirements and basic application procedures.

Until the new regulation takes effect or until further notice, current DACA beneficiaries can apply to renew their benefits under the terms of the July 2021 court injunction. Current DACA beneficiaries whose benefits will expire soon should plan to submit their renewal applications as soon as possible under existing procedures.

Under the July 2021 court order, USCIS may accept initial applications but is prohibited from adjudicating them. It is not yet clear how USCIS will address new or pending initial applications if the agency is permitted to fully implement the rule.

Foreign nationals with pending initial applications or plans to file them should prepare for the possibility that the rule could be suspended by a court and possibly invalidated.

Wizard Visa is monitoring the new regulation concerning DACA. If you need information about DACA’s new rules, contact us!

To learn more about immigration services read our blog, contact us to get more information about DACA and other topics. Wizard Visa offers the best service to help you become a US citizen!

Take advantage of our experience and let our team help you make your dream come true! Contact Us! We will help you plan for your future.