The United States Department of Homeland Security (DHS) has released a notice of proposed rulemaking (NPRM) to strengthen the current Deferred Action for Childhood Arrivals (DACA) policy.
If the proposed rule is approved and finalized, changes to DACA would include the following:
The NPRM will have a 60-day public comment period from September 28, 2021 through November 29, 2021. The public may submit comments according to DHS instructions on Regulations.gov under DHS Docket No. USCIS-2021-0006. Comments on proposed rules, legal and policy considerations, and suggestions for additional or alternative approaches are all permitted. DHS will review all correctly submitted comments and draft responses before issuing a final rule.
DACA was established in 2012 by DHS. The program allows DHS to defer removal on a case-by-case basis for certain qualifying individuals who came to the US as children and meet other requirements. More than 825,000 people have received deferred action under this policy.
On January 20, 2021, President Biden instructed DHS to take all appropriate action to preserve and fortify DACA, consistent with applicable law. Consistent with the President’s direction and the Secretary’s broad authorities to administer and enforce the immigration laws, DHS proposes to strengthen and update DACA policy.
The DACA program has faced legal challenges, including most recently a July 2021 suspension by a federal judge.
For questions regarding the DACA application process or case-specific concerns, please contact your trusted Chugh LLP, immigration professional.
[1] Section 212(a)(9) of the Immigration and Nationality Act.
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