top of page
If you are DACA-eligible, whether or not you actually have DACA, please complete this confidential survey from the National Immigration Law Center in an effort to restore and strengthen the DACA Program.
DHS Issues Regulation to Preserve and Fortify DACA
Release Date: August 24, 2022
WASHINGTON – Homeland Security Secretary Alejandro N. Mayorkas today announced that the Department has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit. Since its inception in 2012, DACA has allowed over 800,000 young people to remain in the only country many of them have ever known, with their families. Across the country, DACA recipients are doctors and nurses, working to ensure the health and safety of Americans; they are teachers, striving to give back to younger generations; they are members of our military serving to protect our country; they are our neighbors, friends, and family.
“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country. Yet, we need Congress to pass legislation that provides an enduring solution for the young Dreamers who have known no country other than the United States as their own.”
“DACA has transformed the lives of its recipients and has made us better and stronger as a nation,” said U.S. Citizenship and Immigration Services Director Ur M. Jaddou. “USCIS is proud to play an important role in implementing the DACA final rule and is committed to ensuring DACA recipients can continue to remain a vital part of their communities and contribute to this country that is their home.”
The rule continues the DACA policy as announced in the 2012 Napolitano Memorandum and is based on longstanding USCIS practice. The rule embraces the consistent judgment that has been maintained by the Department—and by three presidential administrations since the policy first was announced—that DACA recipients should not be a priority for removal.
A product of careful review and in response to the more than 16,000 comments received during the public comment period, the final review codifies existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum. The final rule:
Maintains the existing threshold criteria for DACA;
Retains the existing process for DACA requestors to seek work authorization; and
Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.
The final rule is effective Monday, October 31, 2022. However, while a July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.
For more information, visit USCIS’ DACA webpage.
You CAN still apply for DACA, however, no applications are being viewed at this point.
WE RECOMMEND YOU STILL APPLY:
To schedule a time for a consult to see if you are eligible, please call and leave a message at: 805-641-9300
What You Need To Apply For DACA For The First Time:
Have been under the age of 31 as of June 15, 2012
Have entered the U.S. before you turned 16 years old
Have continuously resided in the U.S. since June 15, 2007 up to the present time
Have been physically present in the U.S. since June 15, 2012 and at the time you are applying for DACA
Have had no lawful status on June 15, 2012
Have no more 2 misdemeanors on your record
List of documents required:
Two (2) passport-style photographs
Copy of original birth certificate and translation OR unexpired passport
Certified Court Record of every criminal and/or traffic court case (if applicable)
Copy of school records, including proof of graduation (if applicable)
Proof of entry prior to age 16
Proof of continuous residence in U.S. since June 15, 2007
Proof of presence on June 15, 2012
bottom of page