Biden Administration Announced New Rule To Preserve DACA While Litigation Is Pending
Gabriela Ungo • September 30, 2021
Today, the U.S. Department of Homeland Security (DHS) announced a notice of proposed rulemaking (NPRM) that would preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy
In response to a Federal Judge's decision to block initial filing of DACA applications, on September 28, 2021, U.S. Citizenship and Immigration Services published a proposed rule (NPRM) that would re-create the DACA program in federal regulation. The NPRM allows for a 60-day public comment period that begins once published on Sept. 28 and closes on Nov. 29. The 205-page rule is basically the same DACA program created in 2012, but fortified: the new version aims to protect the DACA program from litigation challenges.
Once the public comment period ends, USCIS will consider them carefully, and draft responses before issuing a final rule.
The Biden administration has appealed the Texas Judge's ruling to the 5th U.S. Circuit Court of Appeals.
The USCIS continues to receive and hold without adjudication initial DACA applications.
The December 16, 2025 Trump Proclamation and the USCIS adjudication “pause” are related but distinct: the proclamation restricts entry to the U.S., while the pause delays decisions on immigration applications, often for people already here.
President Trump’s new travel proclamation, effective January 1, 2026, significantly expands the list of countries subject to full and partial U.S. travel bans and narrows who can qualify for exceptions or waivers.
USCIS will administer the 2025 Naturalization Civics Test to those who file their naturalization applications on or after October 20, 2025.
President Donald Trump issued a proclamation on Sept. 19, 2025, restricting the entry of certain H-1B nonimmigrants, mandating $100,000 payment prior to filing H-1B petitions for workers currently outside the United States, with some exceptions.
USCIS Implements New Policies for "Good Moral Character" and "Anti-American" Ideologies
Importance that all foreign nationals promptly file Form AR-11, Change of Address during Trump Administration 2.0
With limited exceptions, all noncitizens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for Registration by filling Form G-325R and be fingerprinted
USCIS announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.
A Priority Date is essentially your place in line for a Green Card.
The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees