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. 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.