The Department of Homeland Security (DHS), published on August 24 the final rule of the Deferred Action for Childhood Arrivals (DACA), which will take effect on October 31, 2022.
The Joe Biden administration submitted through DHS the final rule on DACA. On its tenth anniversary, DACA and its beneficiaries remain in a state of uncertainty due to the suspension of new applications after a federal judge determined that the Dreamers protection program had been given "illegally." However, this final rule arrives precisely to correct the original DACA memorandum signed on June 15, 2012.
Since that year, DACA has allowed more than 800,000 Dreamers to remain in the United States, protecting them from deportation and giving them the opportunity to access a work permit that is renewed every two years.
Thus, the final DACA rule:
- Maintains existing criteria for DACA.
- Maintains the existing process for DACA applicants to seek work authorization.
- It affirms the longstanding policy that DACA is not a form of lawful status, but that DACA recipients, like other deferred action recipients, are considered "lawfully present" for certain purposes.
However, it is necessary to clarify that this new rule does not expand DACA eligibility and does not allow the application of new requests. It only protects DACA by replacing the original presidential memorandum that gave rise to DACA.
“Today, we are delivering on our commitment to preserve and strengthen DACA by finalizing a rule that will strengthen protections, like work authorization, that allow Dreamers to live more freely and invest more fully in their communities,” the president said. . Furthermore, he emphasized that he will do everything in his power to protect Dreamers, and prevent congressmen from blocking a law that would provide them with a path to citizenship.
“Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country. However, we need Congress to pass legislation that provides a lasting solution for young dreamers who have not known a country other than the United States as their own,” explained DHS Secretary Alejandro N. Mayorkas, during the official announcement.
