Legislative and Agency Updates

DHS publishes final DACA rule

On August 30, 2022 the Department of Homeland Security (DHS) published a final DACA rule, effective October 31, 2022.  The rule codifies the DACA program established in 2012, granting recipients of DACA two years of protection from deferred action (removal).  The criteria for DACA eligibility and the process for applying for DACA and concurrent work authorization remain the same under the rule.  It is important to note, however, that USCIS is still prohibited from adjudicating initial DACA applications and related employment authorization requests due to an injunction ordered by the U.S. District Court for the Southern District of Texas in July 2021, which remains in effect.  The appeal of that decision is currently pending with the Fifth Circuit Court of Appeals.  USCIS can continue to accept and adjudicate applications for DACA renewals.  USCIS updated its FAQs following publication of the final rule.

USCIS announces online filing for DACA renewal applications

On April 12, 2022 USCIS announced that recipients of DACA can file the Form I-821D to renew DACA online.  The online filing is available for renewal applications, but not initial DACA requests.  Applicants filing electronically must also file Form I-765 and the Form I-765 Worksheet online in order to renew the EAD work card authorization. 

DACA Policy Updates

On January 20, 2021, the Biden Administration issued a Presidential Proclamation entitled "Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)".  The Proclamation directs the Secretary of Homeland Security, in consultation with the Attorney General, to "take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA."

DHS Memo Institutes Restrictions to DACA program protections

On July 28, 2020 Department of Homeland Security (DHS) issued a memorandum addressing how it will administer the DACA program while the agency reviews the program in light of the June 18, 2020 Supreme Court decision.  The Supreme Court ruling did not preclude the Administration from rescinding DACA in the future.  Rather, the Court said that the Administration's decision to rescind DACA was arbitrary and capricious under the Administrative Procedure Act, and directed the government (DHS) to reconsider its decision.  The memo states that while DHS undergoes this reconsideration and review of DACA, the agency will institute new restrictions related to DACA protections.  Specifically, DHS Acting Secretary Chad Wolf says in the memo that effective immediately DHS will:

  • Reject all initial DACA requests and associated applications for Employment Authorization Documents, and refund all associated fees, without prejudice to re-filing such requests should DHS determine to begin accepting initial requests again in the future
  • Adjudicate all pending and future properly submitted DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries
  • Limit the period of any deferred action granted pursuant to the DACA policy after the issuance of this memorandum (and thereby limit the period of any associated work authorization) to one year
  • Refrain from terminating any grants of previously issued deferred action or revoking any Employment Authorization Documents based solely on the directives in this memorandum for the remaining duration of their validity periods
  • Reject all pending and future Form I-131 applications for advance parole from beneficiaries of the DACA policy and refund all associated fees, absent exceptional circumstances
  • Refrain from terminating any grants of previously approved advance parole based solely on the directives in this memorandum for the remaining duration of their validity periods
  • Exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate

On December 4, 2020, a federal court ruled that the DHS Acting Secretary did not have the legal authority to issue the July 28 memorandum, and ordered that the memorandum be vacated.  The court further ordered that Department of Homeland Security restore DACA to its pre-September 2017 terms and that the agency post on its website, within three calendar days of the court order, information about the program's restoration and the agency's acceptance of new DACA applications and applications for advance parole.  OVIS will continue to provide updates regarding the DACA program and update our resource page. 

On December 8, DHS and USCIS posted announcements confirming the agency will comply with the Court's Order "while it remains in effect," leaving open the possibility that the government may challenge the Court's decision.  According to the postings, beginning December 7, 2020 the agency will accept new DACA applications and requests for advance parole authorization, in addition to DACA renewal applications. 

Rescission of the DACA Program

On September 5, 2017 the Attorney General announced the rescission of the DACA program. According to the Memorandum issued by the Department of Homeland Security (DHS) and accompanying FAQs, the agency will continue to adjudicate DACA requests that were filed with DHS by September 5, 2017. DHS will also accept applications for DACA renewals from beneficiaries whose current DACA benefits will expire between September 5, 2017 and March 5, 2018, so long as those requests are received by DHS by October 5, 2017. Two lawsuits have been filed challenging the rescission of the program.

On Sunday, October 8, 2017 the White House issued a summary of immigration policy priorities which it wants Congress to include in legislation to continue the DACA program. The list of priorities, detailed in additional outlines issued by the White House and published on its website, address border security measures, interior enforcement, the diversity lottery, and family and employment-based immigration.

OVIS will continue to monitor this major change in policy, and update our website as new information becomes available.

Dartmouth's statement in response to the decision to rescind DACA, as well as President' Hanlon's September 1, 2017 letter to President Trump concerning DACA can be found on the Office of the President website.

The Immigration Legal Resource Center has issued a helpful guide about what DACA students need to know about the end of DACA.

New Dream Act Legislation

Dream and Promise Act passes the House of Representatives:  On June 4, 2019 the U.S. House of Representatives passed the Dream and Promise Act, which would create a permanent path to U.S. citizenship for DACA recipients, and individuals with Temporary Protected Status (TPS).  The bill will now go to the U.S. Senate.  

On July 20, 2017 Senators Graham and Durbin introduced new Dream Act legislation. A summary of the proposed bill and answers to Frequently Asked Questions can be found on the National Immigration Law Center website.

The American Immigration Lawyers Association (AILA) has provided good information about how to advocate for the Dream Act: Four Easy Ways to Advocate for the Dream Act.