The Department of Homeland Security (DHS) has begun limited implementation of the Deferred Action for Childhood Arrivals (DACA) final rule.
On October 31, the final DACA rule, announced by DHS in August of this year, went into effect. The implementation of the final rule allows DACA to be based on a formal regulation, which favors its preservation and strengthens its foundations, in the face of current litigation in court. This changes the original status of DACA, which was based on a policy memorandum issued by DHS in 2012.
The limited implementation of the final rule is due to the fact that on October 14 the United States District Court for the Southern District of Texas issued an order partially suspending this rule.
“This final rule is our effort to preserve and strengthen DACA to the greatest extent possible,” explained Alejandro N. Mayorkas, Secretary of Homeland Security. In addition, he insisted that Congress urgently needs to pass legislation that provides permanent protection for Dreamers.
On the other hand, the director of USCIS, Ur M. Jaddou, explained that the implementation of the final rule is a sign of the agency's continued commitment to Dreamers. “While court orders prevent us from adjudicating the petitions of individuals who file an initial application, we will continue the important work of renewing and continuing the protections for current DACA recipients, as outlined in this final rule,” she added.
It is worth mentioning that the final rule reaffirms the current benefits of DACA, such as protection against deportation and the employment authorization document. It also clarifies that DACA is not a form of lawful status, but DACA recipients are considered "lawfully present" for certain purposes.
Additionally, due to pending litigation, DHS is prohibited from granting DACA to new applicants, therefore only renewal petitions will continue to be processed.
