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  4. DHS to Publish Notice of Proposed Rulemaking on DACA

DHS to Publish Notice of Proposed Rulemaking on DACA

Release Date: September 27, 2021

WASHINGTON — The Department of Homeland Security (DHS) today announced a notice of proposed rulemaking (NPRM) that would preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy.  DHS will open a 60-day public comment period for the public to submit comments relevant to the proposed rule.

“The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country,” said Secretary Mayorkas.  “This notice of proposed rulemaking is an important step to achieve that goal.  However, only Congress can provide permanent protection.  I support the inclusion of immigration reform in the reconciliation bill and urge Congress to act swiftly to provide Dreamers the legal status they need and deserve.”

The rule addresses the DACA policy as announced in the 2012 Napolitano Memorandum and based on longstanding USCIS practice.  The rule embraces the consistent judgment that has been maintained by the Department—and by three presidential administrations since the policy first was announced—that DACA recipients should not be a priority for removal.

The NPRM will publish on Tuesday, September 28.  The NPRM also modifies and improves the existing filing process, while codifying and clarifying DHS’s longstanding information sharing and use policy regarding DACA requests.

DHS welcomes public comments on the proposed rule, including legal and policy considerations, and suggestions for alternative approaches.  Following the completion of the public comment period, DHS will review and carefully consider all properly submitted comments before issuing a final rule.

DHS is complying with the July 16, 2021 order issued by the U.S. District Court for the Southern District of Texas, which prohibits DHS from granting initial DACA requests.  DHS continues to accept and process DACA renewal requests based on the terms of DACA policy, as permitted by the court’s order.  The Biden-Harris Administration has appealed the Texas court ruling.   The issuance of the NPRM does not affect the court’s order or DHS’s obligations under the order.

Last Updated: 09/27/2021
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