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ARTICLE · 05 SEPTEMBER 2022

DHS Announces Final Rule To 'Preserve And Fortify' DACA Policy

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The rule, effective October 31, 2022, is expected to be published in the Federal Register on August 30, 2022.

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The Department of Homeland Security (DHS) announced a final rule to "preserve and fortify" the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children. DACA allows beneficiaries an opportunity to receive a renewable, two-year work permit. DHS said that DACA has allowed more than 800,000 young people, dubbed "Dreamers," to remain in the United States.

The rule, effective October 31, 2022, is expected to be published in the Federal Register on August 30, 2022. It continues the DACA policy announced in a 2012 memorandum from Janet Napolitano, then-Secretary of Homeland Security, that DACA recipients should not be a priority for removal. DHS received more than 16,000 comments during the public comment period. The final review codifies the existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum. The final rule:

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