Biden Administration Releases Final DACA Rule

The final version of a rule to codify and fortify the Deferred Action for Childhood Arrivals (DACA) program. The rule largely maintains the DACA program as it was created by an Obama-era memo in 2012. It will take effect on October 31, 2022, presuming no legal challenges are launched against it.

The final rule clarifies that work authorization received through DACA ends only when someone’s DACA status is terminated, but not merely if removal (deportation) proceedings are started. Despite the release of the new rule, the DACA program remains in legal peril at the Fifth Circuit Court of Appeals.

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