The new final rule for DACA will codify and fortify the program, originally enacted only through an executive order in 2012 by Former President Obama.
As you may know, the program has been up against several lawsuits – the latest of which prohibited the grant of new DACA applications but allowed the renewal of existing recipients.
Now, the current administration has finalized a new rule that will once again allow the Department of Homeland Security (DHS) to process NEW applications for DACA. This rule will take effect on October 31, 2022, provided no other legal dispute arise.
Update #1: The 2012 DACA eligibility requirements are still retained.
The new final rule retained the initial threshold criteria of DACA since 2012.
The final rule indicates that:
- You Came to the U.S. before age 16,
- You were under 31 years old on June 15, 2012
- You entered the U.S. without inspection or overstayed your visa before June 15, 2012
- You were inside the U.S. on June 15, 2012
- You Have lived in the U.S. continuously since June 15, 2007,
- You are currently in school, graduated from high school, received a GED, or are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces, and
- You haven’t been convicted of a felony, a significant misdemeanor, or more than three misdemeanors of any kind, and
- You don’t pose a threat to national security or public safety.
Update #2: Filing Employment Authorization is optional.
The proposed policy originally planned to change the process of DACA by making the request for employment authorization on Form I-765, Application for Employment Authorization, OPTIONAL.
However, in the final rule, it retained the requirement of filing the work authorization application concurrently with the DACA application (referred as the “bundled process”).
However, it clarified that work authorization IS TERMINATED when your DACA status ENDS rather than having it end upon the mere commencement of removal proceedings for you.
Update #3: Those with DACA status are considered “lawfully present”.
The final rule considers those granted deferred actions as “lawfully present”. While it does not confer lawful STATUS, it helps you not to accrue “unlawful presence” while under DACA status. This is essential for certain admissibility rules for non-citizens.
Update #4: Certain offenses do not automatically disqualify one for DACA.
DHS clarified that “expunged convictions, juvenile delinquency adjudications, and immigration-related offenses such as felonies or misdemeanors” do not automatically disqualify or make you ineligible for DACA.
Update #5: USCIS retains the termination of DACA upon its discretion.
The final rule retained that DACA may be terminated any time by USCIS upon its discretion, BUT subject to the issuance of a Notice of Intent to Terminate or NOIT. The same applies to those who left the US without an advance parole and re-entered without inspection.
However, to those convicted of national security offenses, their DACA status may be terminated even without a NOIT.
Additional Note! The DHS, however, clarified that existing recipients do not need to request for DACA again under the new rule to retain their grants.
If you are a new applicant of DACA and are confused on what steps to take or uncertain of your eligibility, leave a message below or schedule a consultation with us and our experienced DACA attorneys at Andres Mejer Law will guide you through your immigration journey.
If you need help with your immigration case, call our office to speak with an experienced immigration attorney in New Jersey. We can help you file your green card application, prepare your affidavit of support and other required documents, assist you in applying for citizenship, and dealing with the complicated green card and visa requirements USCIS requires. If we can’t help you, we won’t take your money.
