Client Alert!
On Aug. 24, 2022, the Department of Homeland Security (DHS) announced a final rule that will preserve and fortify the DACA policy.
The new rule:
- Maintains the existing threshold criteria for DACA;
- Retains the existing process for DACA requestors to seek employment authorization; and
- 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.
The final rule will take effect Monday, October 31, 2022. However, while a July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.
As always, be careful of scams, rumors, and bad advice. You can find more information on scams and legal services by going to USCIS’ “Avoid Scams” webpage.
Click the link to read more about the final rule.
