California Immigration

DHS begins limited implementation of DACA under final rule

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On Monday, October 31, 2022, the Department of Homeland Security’s final rule (PDF) to preserve and fortify Deferred Action for Childhood Arrivals (DACA) went into effect. The final rule’s implementation means that DACA is now based on a formal regulation, thereby preserving and fortifying the program while the program remains the subject of litigation in court. Previously, DACA was based on a policy memorandum that then-DHS Secretary Janet Napolitano issued on August 15, 2012. Due to ongoing litigation, the agency will continue to accept but cannot process initial DACA requests. This new regulation formally establishes the Deferred Action for Childhood Arrivals (DACA) policy. Previously, DACA was based on a policy memorandum that then-DHS Secretary Janet Napolitano issued on August 15, 2012.

DACA under final rule

 — What’s allowed now, what’s paused, and what applicants should do

The Department of Homeland Security issued a final rule in 2022 designed to “preserve and fortify” Deferred Action for Childhood Arrivals (DACA). Because of ongoing litigation, USCIS operations under that final rule have changed over time — but as of the latest agency guidance, USCIS will continue to accept and process DACA renewal requests and accompanying employment-authorization applications; USCIS will accept initial DACA requests but is not processing initial requests at this time. Current grants of DACA and related Employment Authorization Documents remain valid until they expire unless individually terminated. 

Quick summary

  • DHS issued a DACA final rule in 2022 to formalize DACA policy. 
  • Renewals are being processed; those with current or recently expired DACA should file renewal requests. 
  • Initial requests: USCIS will accept initial filings but is not processing them while litigation proceeds. 
  • Existing grants remain valid until expiration unless USCIS individually terminates a grant. 

Practical steps

  1. If you are a current DACA recipient (or your DACA expired less than 1 year ago), file a renewal as soon as possible. 
  2. If you are an initial applicant, consult counsel before filing so you understand processing limits and strategic options.
  3. Preserve all DACA and EAD documents and monitor USCIS for updates. 

We prepare DACA renewals, advise on initial-request strategy, work with employers on EAD verification, and monitor policy/court changes affecting DACA implementation.

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