As of Monday 31 October 2022 the final rule of the Government of the President Joe Biden, issued by the Department of Homeland Security (DHS), on Deferred Action for Childhood Arrivals (DACA), but without accepting new petitions.
Although the final rule is now based on a “formal regulation”, after an administrative process that began with its announcement in the Federal Regulation and receiving public comments, a judicial process prevents the office of Citizenship and Immigration Services (USCIS) from processing new applications from ‘dreamers ‘, so it will only process renewals.
The rule preserves the spirit imposed by the Administration of President Barack Obama in 2012, in an effort led by the then DHS Secretary, Janet Napolitano, authorities indicated.
“USCIS will continue to accept and process deferred action, work authorization, and advance parole applications for current DACA recipients. “[However] due to ongoing litigation, USCIS will continue to accept, but will not be able to process, initial DACA applications.”
That is, about 80,16 ‘dreamers’ will not be able to obtain this immigration benefit, even though they may be eligible.
“This final rule is our effort to preserve and strengthen DACA to the greatest extent possible,” defended the Secretary of National Security, Alejandro Mayorkas. “We urgently need Congress to pass legislation that gives Dreamers the permanent protection they need and deserve.”
Since its creation in 2012, DACA has allowed more than 800,000 young people remain in the US, without risk of deportation and with Employment Authorization. There are currently more than 600,000 people protected.
The new rule separates the requests for protection from deportation and Employment Authorization (EAD), something that was criticized by immigrant advocates.
However, the director of USCIS, Ur M. Jaddou, defended the new rule.
“The implementation of the final DACA rule illustrates USCIS’ continued commitment to Dreamers,” he said. “Although court orders prevent us from adjudicating the applications of the initial applicants, we will continue with the important work of renewing and continuing the protections for current DACA recipients.”
The Biden Administration indicates that the final rule considered more than 16,000 comments received, which helped codify the existing DACA policy, with “limited changes”.
Although not a path to citizenship, this protection establishes that ‘dreamers’ have “lawful presence” in the US
The rule continues to make a scrutiny of applicants to determine their eligibility, such as national security and public safety background checks.
The judicial limitations to DACA occur after a lawsuit by Republican governments and the decision of the District Judge in Texas, Andrew Hanen, and a determination of the Court of Appeals for the Fifth Circuit.