dhs regulations daca

On August, 24, 2022, Homeland Security Secretary Alejandro N. Mayorkas announced that the Department of Homeland Security (DHS) had issued a final rule and new regulations that will preserve and strengthen the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit. For more information on how the new regulations from the DHS will maintain and fortify DACA, please keep reading, then contact a skillful NYC family immigration attorney as soon as possible. Some questions you may have include:

What are the new regulations about DACA that the DHS has issued?

The new regulations, based on longstanding USCIS practice, from the Department of Homeland Security continue the DACA policy as announced in the 2012 Napolitano Memorandum. This memorandum set forth how, in the exercise of its prosecutorial discretion, the DHS should enforce the Nation’s immigration laws against certain DACA beneficiaries. Under these new regulations, DHS could choose not to forcibly remove an individual if he or she:

  • Came to the United States under the age of sixteen
  • Has continuously resided in the United States from June 15, 2007, to the time of filing the request
  • Has been physically present in the United States on both June 15, 2012, and at the time of filing of the DACA request
  • Was not in a lawful immigration status on June 15, 2012, nor at the time of the request
  • Graduated or obtained a certificate of completion from high school, obtained a GED certificate, is currently enrolled in school, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
  • Has not sustained a conviction for 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, omission or scheme of misconduct or otherwise poses a threat to national security or public safety, and
  • Was born on or after June 16, 2021, and is at least fifteen years of age at the time of filing, unless the requestor is in removal proceedings or has a final order of removal or a voluntary departure order

When do the Department of Homeland Security’s new regulations take effect?

The final rule outlined above will become effective on Monday, October 31, 2022. Please keep in mind that the DHS can’t grant initial DACA requests and related employment authorization under this final rule.

If you have any further questions regarding these new regulations, please do not hesitate to speak with a skilled immigration attorney in NYC today.

Contact Our New York City Immigration Lawyers

For an initial consultation with a skilled New York immigration lawyer, contact the Law Office of Cheryl R. David.