DHS Publishes Proposed DACA Rule

October 18, 2021

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.

Following a U.S. district court ruling in Texas, the Department of Homeland Security (DHS) proposed a new rule on Deferred Action for Childhood Arrivals (DACA) on September 28, 2021. The new rule includes the same eligibility requirements as in the past. Changes include modifications to the application process and filing fees, establishment of a specific category for DACA employment authorization documents, and clarification that DACA beneficiaries are “lawfully present” in the United States for purposes of Social Security.

Comments on the proposed rule are due in 60 days. While the Biden administration’s appeal of the judge’s ruling is pending, DACA recipients may continue to renew their status.