The Department of Homeland Security (DHS) on Monday, October 31, 2022, made its final rule regarding preserving and fortifying the Deferred Action for Childhood Arrivals (DACA). This final rule helps individuals stay protected from deportation and allows individuals to obtain work authorization in the U.S. If you would like to learn more about the final rule regarding the DACA program or believe you are eligible to apply, contact an Experienced Employment Immigration Lawyer in NYC who can help you through the complex process. 

What does the final rule affirm for DACA holders?

On October 31, 2022, the DHS made its final rule on conserving and maintaining the DACA program. As of this date, the final rule has gone into effect.  Daca is now based on formal regulation. Therefore, DACA has maintained its existing criteria for individuals eligible for the DACA program. The DACA program protects individuals who came to the country as children without legal status or those who have lost their legal status. It does this by granting these individuals work authorizations and ultimately protects them from being deported. The final rule affirms the current DACA recipient’s employment authorization and protection from deportation.

What is the Deferred Action for Childhood Arrivals (DACA)?

The Deferred Action for Childhood Arrivals (DACA) is a type of administrative relief program that was created to protect eligible youth immigrants who came to the U.S. illegally from deportation. Individuals under this program unlawfully entered the United States when they were children. Those who seek this program need protection from deportation and work permits to legally work within the U.S. The DACA program requires individuals to renew their status every two years.

What are DACA requirements?

Recipients of the DACA program have strict requirements they must meet. Some of these requirements include:

  • when you illegally entered the U.S. you were 16 or younger
  • As of June 15, 2012, you were under 31 years old
  • As of June 15, 2012, you were physically present in the U.S. at the time you filed an application
  • As of June 15, 2007, you have lived continuously in the U.S. until the present day
  • You either are in school, graduated, earned a GED, are in the trade or technical school, or have been honorably discharged from the Coast Guard or military
  • you have not been convicted of a felony, serious misdemeanors, or three or more misdemeanors
  • you entered the U.S. illegally without the proper documentation before June 15, 2012

Are DACA recipients U.S. citizens?

Although Daca recipients are protected from deportation they are not U.S. citizens. Daca is not a direct pathway to citizenship. Individuals with DACA are not granted legal status as they are not permanent residents. However, Daca recipients can apply for things U.S. citizens have such as a social security number. DACA recipients may also acquire a driver’s license and work permit. However, DACA recipients are not U.S. citizens.

If you believe you are eligible for the DACA program in the U.S., contact one of our skilled and trusted team members who can help you through this intricate process.