DHS Issues A Final Rule for DACA Recipients

Regulation to preserve and fortify DACA. Homeland Security Secretary Alejandro N. Mayorkas announced the Department has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) Policy for certain eligible noncitizens who arrived in the U.S. as children. Deferring their removal and allowing them to have a renewable, two year work permit. The rule will continue the DACA policy as it was announced in the 2012 Napolitano Memorandum and is based on longstanding USCIS practice. The rule will maintain that DACA recipients should not be a priority for removal.

Homeland Security Secretary Alejandro N. Mayorkas today announced that the Department has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) Policy for certain eligible noncitizens who arrived in the United States. As children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit.

 — What it does and what recipients should do now

A proposed or final regulation intended to preserve and fortify DACA (Deferred Action for Childhood Arrivals) typically seeks to codify key protections for DACA recipients — clarifying eligibility rules, renewal procedures, and administrative standards that limit discretionary revocations. Therefore, DACA recipients and their advocates should understand both the regulation’s protections and the practical steps needed to maintain status and access benefits.

Key features usually included in such a regulation

• Clear renewal rules: defined windows for filing renewals, acceptable documentary evidence, and processing expectations to reduce gaps in work authorization.
• Standards for denial/termination: narrow, articulated grounds for revocation and procedural safeguards before termination.
• Benefit-access rules: explicit statements about EAD eligibility and related program benefits where law permits.
• Administrative review & oversight: internal procedures for review of adverse decisions to ensure consistency.

Immediate steps for DACA recipients

1. Confirm renewal dates now — file within the recommended window and keep delivery receipts.
2. Gather supporting evidence: school records, employer letters, proof of presence, identity documents, and travel/absence explanations if needed.
3. Avoid risky travel without advance parole or counsel advice.
4. Monitor USCIS guidance and respond promptly to RFEs or notices.

Practical implications for advocates & practitioners

• Update intake materials and renewal checklists to reflect regulatory filing windows or documentary standards.
• Prepare client-notice templates to reduce missed deadlines.
• Track implementation timelines and advise clients about transitions or reopening of old denials.
• Be ready to file administrative appeals or motions if the regulation creates new review pathways.

FAQs

Q: Does a regulation create a pathway to a green card?
A: No — a regulation strengthens administrative protections but does not create lawful permanent residence; consult counsel about immigrant-pathway options.

Q: Can I work while my renewal is pending?
A: Employment depends on having a valid EAD; timely filing and receipt notices help preserve practical work authorization in many cases. Check current USCIS guidance.

How we help

We prepare renewal packets, confirm evidence checklists, advise on travel/advance parole risks, represent clients in administrative appeals or motions to reopen, and draft clinic-ready client alerts and intake scripts.