Biden Administration Announces New DACA Regulation Further Maintaining the Status Quo and Underscoring the Need for a Pathway to Citizenship
On Wednesday, August 24, 2022, the Biden administration announced a new regulation codifying the Deferred Action for Childhood Arrivals (DACA) program. The regulation is intended to better protect DACA from legal challenges, however, no substantial changes to modernize or expand eligibility criteria were made to protect thousands of immigrant youth who remain shut out of the program. For a decade, DACA has faced numerous legal challenges and provided temporary reprieve for some immigrant youth. Still, thousands more have been unable to apply for DACA given arbitrary cut-off dates. The new regulation which will go into effect on October 31, continues to underscore the critical need for Congress to deliver a pathway to citizenship for immigrant youth and their families.
What does the new DACA regulation mean?
For current DACA recipients, the regulation changes nothing about their status. The DACA application process, work authorization requirements, cost to apply, and eligibility criteria all remain the same.
The Biden administration’s new regulation simply codifies the original 2012 DACA memo issued under the Obama administration in an effort to better protect the program from legal challenges. Regulations can be given more weight than memos in litigation and require agencies to go through a notice-and-comment procedure before the regulation can be amended or repealed.
Current DACA recipients are encouraged to continue renewing their application.
Can new initial DACA requests be accepted?
Unfortunately, no. The new DACA regulation does not change eligibility criteria for the program. Under an ongoing legal challenge brought by Texas, the Department of Homeland Security (DHS) is still prohibited from granting new initial DACA requests. This means tens of thousands of first-time DACA applicants remain in legal limbo as they await a decision from the Fifth Circuit Court of Appeals.
Where can I find out more information about the DACA regulation?
Learn more from Justice Action Center’s graphic explainers: https://twitter.com/jactioncenter/status/1562573147076825089?s=20&t=r-rTKbNbuW1b4LwKvBNrUA
Stay up to date with the latest info on DACA from United We Dream by texting ‘DACAINFO’ to 877-877 and read more by visiting their website: https://unitedwedream.org/resources/bidens-final-daca-rule-is-out-heres-what-you-need-to-know/
Information in Spanish can also been accessed here from United We Dream: https://twitter.com/UNITEDWEDREAM/status/1562601113597014017