Is DACA Still Active in 2022?
The DACA program (Deferred Action for Childhood Arrivals) served as a trademark policy for President Barack Obama’s tenure in 2012. But, then, the entire program fell into question during former President Donald Trump’s.
So now, in 2022, you may wonder if the DACA program remains an option for children whose parents brought them to the United States without documentation.
What is happening with DACA today in 2022?
The DACA program released recent exciting news for the program. First, the Department of Homeland Security used Final Rule to state that DACA is now based on a formal regulation, thereby preserving and fortifying the program. In contrast, the program remains the subject of litigation in court.
Previously, DACA was based on a policy memorandum from President Obama.
“This final rule is our effort to preserve and fortify DACA to the fullest extent possible,” Secretary of Homeland Security Alejandro N. Mayorkas said in a statement. “Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”
According to the Department of Homeland Security’s website, Under the final rule, USCIS will continue to accept and process applications for deferred action, work authorization, and advance parole for current DACA recipients. However, due to ongoing litigation, USCIS will continue to accept but cannot process initial DACA requests.
Under this final rule:
- Current DACA recipients’ deferred action, employment authorization, and advance parole will remain valid under the final rule.
- DACA is not a form of lawful status, such as having a green card, but DACA recipients are considered “lawfully present.”
- Non-citizens who meet eligibility criteria, clear all national security and public safety vetting, and are found to merit a favorable exercise of discretion may be granted deferred action and obtain renewable two-year work authorization. The Department is currently barred from granting deferred action to any new DACA recipients, given pending litigation.
What Should I Do If I Think I Qualify For DACA?
Immigration laws in the United States are constantly evolving, so employing an experienced immigration attorney can help you ensure you have the best chance of gaining legal status through a pathway that’s best for you.
Fay, Grafton & Nunez offers our immigration law clients $200 consultations to help you understand which pathway to legal residency or citizenship may be best for you. DACA is a beautiful program, but litigation may not be the best pathway for you, depending on when you came to this country and your current status. Our legal team will help you navigate how to handle your individual case best.