This week, the Biden Administration took steps to turn the DACA program into a federal regulation, which would help protect the program from future legal challenges. The new regulation is set to take effect on October 31, 2022. The regulation does not make any changes to the DACA program that is in effect today, but it’s a great step in toward protecting Dreamers and the DACA program.
What does this mean for DACA today?
As of today, there are no new changes to DACA. People who already have DACA can continue to renew their status, but the Department of Homeland Security is still not accepting or adjudicating applications for people requesting DACA for the first time. People who have pending initial DACA applications are still on hold.
What happens on October 31, 2022?
Due to the lawsuit against DACA in Texas and the 5th Circuit Court of Appeals, there is still a current injunction against new initial applications. While that injunction is still in effect, the new DACA regulation can’t change anything, even after the regulation takes effect in October. We will need to wait and see if a judge lifts the injunction, or what the 5th Circuit Court of Appeals decides as to the legality of the program. We expect the court to make a decision sometime before the end of this year.
This new regulation may not change much now, but it’s an important step in the right direction. As always, we will continue to keep our clients and followers informed about any updates.
Immigration lawyer Inna Scott and her team at Global Law Advocates specialize in helping immigrants of all kinds gain legal status and other immigration benefits in the United States. To consult with an experienced attorney about your immigration options, call us at 206-774-8758 or send us an email at info@globallawadvocates.com.