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DHS Issues Deferred Action for Childhood Arrivals Final Rule

By Alexander Castrodale and Carrie Thompson
August 25, 2022
  • Citizenship
  • Immigration
  • Immigration Services
  • United States Immigration
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On August 24, 2022, the Department of Homeland Security (DHS) announced a Final Rule codifying the Department’s existing Deferred Action for Childhood Arrivals (DACA) policy.

See DHS’s announcement, here, and the Final Rule, here.
Through DACA, DHS provides certain eligible noncitizens who arrived in the United States as children an opportunity to defer their removal and access a renewable, two-year work permit. The Final Rule maintains the existing threshold eligibility criteria for DACA, requiring, for example, that applicants came to the United States before the age of 16, continually resided in the United States since 2007, fulfilled specific education requirements, and have not been convicted of certain crimes, among other requirements.

The Final Rule confirms that while DACA does not provide a pathway to permanent residency, DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain statutory purposes, such as receipt of Social Security benefits.

The Final Rule will go into effect October 31, 2022. However, DHS is currently subject to a July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas. While the injunction, which has been appealed, remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization. The injunction has been partially stayed, permitting DHS to grant DACA renewal requests under the Final Rule. We are continuing to monitor this litigation and will notify you of any changes.

Please contact any member of the Dentons Immigration team if you have any questions regarding the above.

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DACA, DHS, Immigration
Alexander Castrodale

About Alexander Castrodale

Alex is the Chair of the Immigration Group and focuses on employment-based immigration, including temporary and permanent visas, family-based immigration, naturalization and exclusion/deportation defense. He gained an insider's perspective of all facets of immigration law by working for the U.S. Department of Justice and traveling extensively around the world.

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Carrie Thompson

About Carrie Thompson

Carrie is an associate in the Firm’s Immigration group. Prior to joining the Firm, Carrie was a summer associate at Dentons Cohen & Grigsby and a law clerk for the Executive Office for Immigration Review at the U.S. Immigration Court in Denver, CO. During law school, Carrie competed in Pitt Law’s moot court appellate competition and served as Editor-in-Chief of the University of Pittsburgh Law Review.

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