The codification of the Deferred Action for Childhood Arrivals (DACA) is finally in effect as of October 31, 2022, through the published DACA Final Rule of the Biden administration.
What does this mean for Dreamers? Well, for many, it means things will remain the same. This is good news to some and bad news to others.
Let me explain.
On October 6, a federal appeals court ruled that DACA was illegal, but it kept it intact – mostly because of the Biden administration’s codification.
The Biden administration codified DACA through the Final Rule in order to find a way to keep it from being struck down. This was to replace the implementation of DACA only through the legally challenged memo from the Obama administration.
Now, what does this mean for DACA beneficiaries and applicants.
The good news is that DACA renewals will continue.
It clarified that expunged convictions, juvenile delinquency adjudications, and immigration-related offenses seen as felonies or misdemeanors under state laws won’t automatically mean disqualification from DACA.
It added that work authorizations obtained through DACA will only be revoked only after the termination of the DACA status and not at the beginning of deportation proceedings.
The bad news is that new applications still won’t be processed.
Beneficiaries who have been approved for the program could continue to renew. It is advised that beneficiaries renew regularly and on time because DACA continues to be under legal challenge and there is a real possibility that it will get paused in toto.
The recommended time to renew DACA is 150 to 180 days before expiration.
If you let your DACA status expire, you won’t be able to renew it because it will be considered a new application.
To navigate through this DACA dilemma and to find alternate ways to seek permanent status, consult a trusted immigration lawyer.
