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DHS Proposed Rulemaking Seeks To Preserve
and Fortify DACA
On September 27, 2021 DHS announced a proposed rulemaking (NPRM) that would preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program.
Even if only congress can provide Dreamers permanent protection, the proposed rule is an important step to achieve that goal. The rule embraces the consistent judgment that has been maintained by the Department—and by three presidential administrations since the policy first was announced in 2012—that DACA recipients should not be a priority for removal.
The NPRM was published on Tuesday, September 28, modifying and improving the existing filing process, while codifying and clarifying DHS’s longstanding information sharing and use policy regarding DACA requests.
DHS welcomes public comments on the proposed rule, including legal and policy considerations, and suggestions for alternative approaches. Therefore, DHS will open a 60-day public comment period for the public to submit comments relevant to the proposed rule. Following the completion of the public comment period, DHS will review and consider all properly submitted comments before issuing a final rule.
On July 16, 2021 the U.S. District Court for the Southern District of Texas issued an order that prohibits granting initial DACA requests. The DHS NPRM is complying with such court order. Moreover, DHS continues to accept and process DACA renewal requests based on the terms of DACA policy, as permitted by the court’s order. The issuance of the NPRM does not affect the court’s order or DHS’s obligations under the order.
For more information, please visit the following website:
DHS to Publish Notice of Proposed Rulemaking on DACA
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