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AILA Doc. No. 17072035 | Dated September 1, 2022
On August 30, 2022, the Biden Administration issued a final regulation codifying the Deferred Action for Childhood Arrivals (DACA) program. (AILA had submitted comments on the September 28, 2021, proposed rule.) AILA welcomed the rule, which offers more certainty for DACA recipients, but also called on Congress to pass legislation permanently protecting all Dreamers, not just those who qualify for DACA under these regulations.
The final rule is effective Monday, October 31, 2022, and codifies the existing DACA program and policies with limited changes. Unfortunately, a district court in Texas issued an injunction in July 2021 that prohibits DHS from granting initial DACA requests. As a result, DHS is not adjudicating any initial DACA applications. As of August 30, 2022, DHS can continue to grant DACA renewal applications because the court injunction was partially stayed from implementation. However, the fifth circuit is currently considering the case on appeal and its ruling could negatively affect the DACA program and DACA recipients.
AILA supports several bills in the 117th Congress that would provide permanent legal status and a path to citizenship for all unauthorized immigrants including Dreamers and recipients of TPS and DED.
For more information on past legislative efforts to protect Dreamers, check out our AILA Policy Brief: How Dreamer Protection Bills Measure Up.
Cite as AILA Doc. No. 17072035.
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