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Key Points

  • DHS has released a final rule to preserve and fortify DACA for eligible noncitizens
  • The final rule was published on August 30, 2022, and takes effect on October 31, 2022
  • The rule continues the DACA policy announced in the 2012 Napolitano Memorandum
  • The final rule affirms that DACA recipients are “lawfully present” in the US for specific purposes


The Department of Homeland Security (DHS) issued a final rule on August 30, 2022, to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens.

What are the Changes?

The final rule will not take effect until October 31, 2022. The rule will continue the DACA policy announced in the 2012 Napolitano Memorandum and has been maintained by US Citizenship and Immigration Services (USCIS), but it will also have some changes.

The new final rule:

  • Maintains that DACA recipients should not be a priority for removal
  • Keeps the existing threshold criteria for DACA
  • Maintains the current process for DACA requestors to seek work authorization
  • Affirms that DACA designation is not a form of legal status, but DACA recipients are considered “lawfully present” in the US for specific purposes

Looking Ahead

DHS is still prohibited from granting initial DACA requests and related employment authorization while a July 16, 2021 injunction from the US District Court for the Southern District of Texas is in effect. However, DHS can grant DACA renewal requests under the final rule.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Department of Homeland Security

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