The Biden Administration issued a proposed rule to protect Deferred Action for Childhood Arrivals (DACA) from future challenges in court. DACA protects immigrants to the U.S. who arrive as children.

The proposed rule allows for a period of public comment for 60 days. DACA protects qualifying individuals from deportation protection and gives them legal authority to work. Currently, there are roughly 590,000 individuals who qualify for this program. They are commonly referred to as ‘Dreamers’.

DACA has been challenged in the courts since it was founded in 2012. The Biden Administration’s efforts are the most profound since the program was introduced.

A Texas judge determined DACA was unlawful in July 2021 and stopped the government from processing applications for new applicants. In addition, a U.S. District Court Judge stated the policy should have been created through a federal regulation, not a Department of Homeland Security (DHS) memo. The Justice Department appealed that ruling.

Several conditions apply for individuals to qualify for DACA eligibility.

  • No serious criminal convictions
  • Must have arrived in the U.S. prior to age 16
  • Under the age of 31 and physically present in the U.S. as of June 15, 2012
  • Must be physically present in the U.S. when submitting your request for DACA
  • Must live in the U.S. since at least June 15, 2007
  • Must be earning a high school diploma or GED or be serving honorably in the military.

Refer to the full list of requirements for DACA. DACA does not allow for lawful permanent residency.

If you have questions about DACA or any immigration-related issue, contact us at ILBSG. We are here to work with you to ensure you get the right advice.

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