A federal judge is allowing current DACA holders to renew. However, the judge sent the Biden rule, scheduled to go into effect on October 31, 2022, for review as quickly as possible. As such, it is unlikely the Biden rule will go into effect on the date as previously planned.
The Biden rule proposes keeping the eligibility requirements for the program intact. Individuals must have arrived in the U.S. by age 16 and before June 2007, studied at a U.S. educational institution, or served in the U.S. military, and must not have a serious criminal record. Further, the Biden rule continues the current process for DACA applicants to apply for work authorization. The Biden rule does not give DACA recipients permanent legal status or fully protect them from deportation. The rule was open for public comment, in compliance with the Immigration and Nationality Act.
The DACA program, originally established by President Obama in 2012, has long been the subject of various legal challenges. The current federal review finds the Obama 2012 program not in compliance with the Immigration and Nationality Act as there was not a period of public comment or review. Further, there is a consideration that only Congress can create immigration policies. In fact, lawmakers have called on Congress to pass a permanent law to protect DACA holders, referred to as Dreamers. There are currently over 600,000 DACA holds in the U.S.
Current DACA recipients are allowed to renew their status. Individuals may submit applications for DACA, however, DSH is not able to process any of the applications. Current DACA holders are not subject to any legal proceedings to deportation due to this court’s findings, but only those issues that would normally apply based on individual legal issues.
The Biden proposed DACA rule will be reviewed as quickly as possible and ILBSG will continue to actively monitor any updates. If you have questions about your DACA status or any other immigration-related issue, contact us at ILBSG. We work with our clients in their particular situations to ensure they get the right advice.
