DHS Issues Regulation to Preserve and Fortify DACA

Written By Hudaidah Bhimdi

The Department of Homeland Security (DHS) has announced the Deferred Action for Childhood Arrivals (DACA) final rule, which has been posted for public inspection on the Federal Register’s website. The final rule generally codifies existing policies with limited amendments to preserve and fortify DACA. The final rule is effective Oct. 31, 2022 and does the following:

  • Maintains the original 2012 policy

  • Allows DACA recipients to get work permits

  • Affirms that DACA recipients are lawfully present for purposes of seeking other immigration benefits, such as a green card

This final rule does not allow DHS to approve initial requests for DACA due to the existing July 16, 2021 injunction from the U.S. District Court for the Southern District of Texas.

Hudaidah Bhimdi
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