Biden Administration Issues Final Rule on DACA Program
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The Biden Government has issued a final rule to classify the Deferred Action for Childhood Arrivals (DACA) program as a guideline. The DACA program gives temporary protections and benefits to qualifying undocumented immigrants brought to the United States as minors. The rule was proposed in response to litigation challenging the legitimacy of the program’s creation via executive order in 2012 by the Obama Government. This final rule is planned to go into effect on 31st October 2022.
Final Rule Implementing DACA Program as a Regulation
The final rule’s qualifying models for DACA stay unchanged. The candidate should meet ALL of these requirements:
- I entered the United States before reaching the age of 16
- Continuously resided in the U.S. from 15th Jun.2007, through the date the DACA application is filed
- Not have been in legal status both on 15th Jun.2007 and at the time of filing
- I have been present in the U.S. on both 15.Jun.2012, and on the date the DACA request is filed
- Graduated or got a certificate of completion from high school, got a GED certificate, at present signed up for school, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
- Not have been convicted of a felony, a misdemeanor described in the rule, or three or more other misdemeanors not occurring on the same date and not arising out of the same act, or otherwise pose a threat to national security or public safety
- Have been born on or after 16th Jun.1981
Differences in the Final Rule
While the program largely stays unchanged, there are a few differences and clarifications included in the last rule:
- To explain what is NOT a disqualifying felony and misdemeanor for DACA purposes, the guideline states, “expunged convictions, juvenile delinquency adjudications, and immigration-related offenses characterized as felonies or misdemeanors under State laws are not considered automatically disqualifying convictions for purposes of this provision.”
- DHS should now provide a DACA recipient with notification of intent to terminate (NOIT) before termination. USCIS might still terminate DACA without the issuance of a NOIT if revocation involves a crime regarding national security or a serious public safety issue.
- Employment authorization connected with DACA doesn’t terminate with the initiation of removal procedures. However, once termination of a grant of DACA happens, employment authorization also terminates.
- Current DACA recipients need not reapply for the program if their advantage is as yet valid.
- The rule rescinds previous rules regarding the program and establishes the regulation as the governing law surrounding the program.
Formal Rulemaking Process Better Protects DACA from Legal Challenges
In 2020, a federal judge in Texas ended the processing of new DACA applications. One key reason referred to by the judge for invalidating DACA was that the Obama Government had established the program without first going through the formal regulatory process. By implementing DACA as a formal guideline. The Biden Government aims to address this purported deficiency in how the program was implemented.
[DHS Proposal to Consider Alternatives for I-9 Documentary Review]
Conclusion
While DACA remains largely unchanged, it is now a codified regulation. Although the future of the program stays uncertain. The Biden Administration’s codification of the program as a guideline gives a stronger backbone for the program to stand up to legal challenges.
