Biden Administration to Issue New Final Rules on DACA and Asylum

Practice Areas

By: Jacqueline Valle and Deepika Singh

The Biden administration has revealed plans to reform multiple immigration policies. This includes new final rules regarding Deferred Action for Childhood Arrivals (DACA) and the reversal of many Trump-era immigration policies.

DACA Program

The Biden administration is expected to release a final rule on DACA in August. The program helps certain adults who entered the United States as children without documentation, providing them with work authorization and protecting them from deportation. The rule will be issued nearly a decade after the policy was established, and about a year after the final rule was proposed.

This comes after many federal and state legal challenges to the policy. In May 2018 a group of states sued the federal government to reverse DACA. In July 2021, District Judge Andrew Hanon of Texas ruled that DACA was unlawful and ordered DHS to stop approving DACA applications.

While the Biden administration has tried to solve the problems with DACA and overturn the Texas ruling, the policy remains in danger without further congressional action.

Notably the proposed rule would no longer make all DACA recipients eligible for employment authorization. If the rule passes, employment authorization would only be awarded on a case-by-case basis to DACA recipients.

Inadmissibility grounds public charge rule

In 2019, the Trump administration issued a public charge rule which allowed immigration officials to deny permanent residency and citizenship to those who rely on public benefits.

In March, the Biden administration stated it would no longer apply the rule and released an additional proposed rule on the topic. Because the proposed rule’s 60-day public comment period has ended, the Department of Homeland Security will review public feedback before releasing the final rule.


The new proposed asylum policy aims to change the eligibility requirements for asylum and removal. Specifically, the rule will redefine members of a “particular social group” and how eligibility is interpreted.

Also, the agenda outlines plans to repeal and modify some asylum policies as well. The agenda would repeal two final rules regarding employment authorization for asylum recipients, a 2019 final rule that sent asylum seekers back to El Salvador, Guatemala, and Honduras as part of an “Asylum Cooperative Agreement,” and a rule that enacts bars to eligibility and instates new procedures.


For case-specific questions or for help applying for DACA or asylum, contact the Chugh, LLP immigration team.


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