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.
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