USCIS DACA Final Rule Reminders

Posted by Ann Badmus | Sep 23, 2022 | 0 Comments

On Aug. 24, 2022, the Department of Homeland Security (DHS) announced a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy.

The new rule:

  • Maintains the existing threshold criteria for DACA;
  • Retains the existing process for DACA requestors to seek employment authorization; and
  • Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.

The final rule will take effect Monday, Oct. 31, 2022. However, while a July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.

As always, be careful of scams, rumors, and bad advice. Scammers and other bad actors exploit changes to create uncertainty and misinformation in the community. Family members and friends who want to help may not have correct information. You can find more information on scams and legal services on USCIS' Avoid Scams webpage.

Some common scams to be aware of include:

  • Notarios Publicos and unauthorized practitioners of immigration law: In the United States, a notario publico is not authorized to provide you with any legal services related to immigration. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. For more information about finding legal services, visit our website.
  • Misleading Websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.
  • Payments by Phone or Email: USCIS will never ask you to transfer money to an individual. We do not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. In addition, we will never ask you to pay fees to a person on the phone or by email.

Always go to USCIS' Consideration of Deferred Action for Childhood Arrivals (DACA) page and the DACA Frequently Asked Questions page for the latest information about DACA. For more information on the final rule, see DHS's press release.

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033, text us using our chat box, or complete our contact form.

About the Author

Ann Badmus

Principal and Managing Attorney

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