DHS Publishes Notice of Proposed Rulemaking on DACA

Please discover DHS’s new proposed public rule on DACA, revealed on September 28, linked right here.

This proposed rule has a remark interval open for 60 days and you’ll be able to submit via the offered hyperlink. Study extra about how DHS is working to fortify DACA within the message from USCIS under.

Copied from USCIS:

WASHINGTON — The Division of Homeland Safety (DHS) at this time introduced a discover of proposed rulemaking (NPRM) that may protect and fortify the Deferred Motion for Childhood Arrivals (DACA) coverage.  DHS will open a 60-day public remark interval for the general public to submit feedback related to the proposed rule.

“The Biden-Harris Administration continues to take motion to guard Dreamers and acknowledge their contributions to this nation,” mentioned Secretary Mayorkas.  “This discover of proposed rulemaking is a crucial step to attain that objective.  Nonetheless, solely Congress can present everlasting safety.  I help the inclusion of immigration reform within the reconciliation invoice and urge Congress to behave swiftly to offer Dreamers the authorized standing they want and deserve.”

The rule addresses the DACA coverage as introduced within the 2012 Napolitano Memorandum and primarily based on longstanding USCIS observe.  The rule embraces the constant judgment that has been maintained by the Division—and by three presidential administrations because the coverage first was introduced—that DACA recipients shouldn’t be a precedence for removing.

The NPRM will publish on Tuesday, September 28.  The NPRM additionally modifies and improves the present submitting course of, whereas codifying and clarifying DHS’s longstanding data sharing and use coverage concerning DACA requests.

DHS welcomes public feedback on the proposed rule, together with authorized and coverage issues, and solutions for different approaches.  Following the completion of the general public remark interval, DHS will overview and punctiliously contemplate all correctly submitted feedback earlier than issuing a ultimate rule.

DHS is complying with the July 16, 2021 order issued by the U.S. District Court docket for the Southern District of Texas, which prohibits DHS from granting preliminary DACA requests.  DHS continues to just accept and course of DACA renewal requests primarily based on the phrases of DACA coverage, as permitted by the court docket’s order.  The Biden-Harris Administration has appealed the Texas court docket ruling.   The issuance of the NPRM doesn’t have an effect on the court docket’s order or DHS’s obligations below the order.

PDF linked right here.