Administration Announces New DACA Rule

Written on .

The Deferred Action for Childhood Arrival Programs (DACA), begun in 2012, offers the ability to work legally to some 600,000 undocumented persons who came to the U.S. as children.  The Obama-era rule has been under legal attack and a court in Texas ruled the program was illegal and barred the federal government from accepting new applicants, although it permitted existing DACA recipients to continue relying on its protections.  The judge stated, however, that the program wasn't properly implemented, and a new regulation was created to alleviate that concern, although it will not address all the court's concerns.  The new rule would apply only to DACA renewal requests, not to new applications which are currently on hold pending the litigation.  It takes effect on October 31, 2022.  The program would continue to grant two years of deportation protection and a two-year work permit for a $495 fee.  It will continue to apply only to people who came to the U.S. as children and have continuously lived in the country since 2007.  The legality of the entire concept of DACA is still pending before the Fifth Circuit Court of Appeals, which is weighing whether the Department of Homeland Security has authority to establish broad enforcement exceptions like DACA at all.

On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit upheld the ruling that President Obama's program of Deferred Action for Child Arrivals (DACA) was illegal.  The court ruled that the Obama Administration's 2012 memo creating the policy exceeded its statutory power and violated the Administrative Procedures Act.  Since the Biden Administration in August issued a final rule attempting to maintain DACA, the Fifth Circuit opinion allows Dreamers to renew that status while litigation on the issue continues in the district court. 

This article is part of our November 2022 Newsletter.

View newsletter online

Download the newsletter as a PDF

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

Man typing on a laptop indoors by a window

DOL Proposes New Independent Contractor Rule Limiting Contractor Status and Rescinding Trump Rule

In January 2021, the Department of Labor (DOL) during the Trump Administration published a rule titled "Independent Contractor Status Und...
starbucks coffee storefront, night

Starbucks Formally Accuses the NLRB of Collusion with Unions

As set forth in this newsletter recently, Starbucks has been the subject of a corporate campaign by unions to organize Starbucks employee...
person wearing a dreamer jacket

Administration Announces New DACA Rule

The Deferred Action for Childhood Arrival Programs (DACA), begun in 2012, offers the ability to work legally to some 600,000 undocumented...
grandma reaching out to hold great grandson

E27: Age is More Than a Number-Age Discrimination in the Workplace

In this episode, we discuss age discrimination, how to detect it and how to stop it. Ageism in the workplace is a hot topic and its somet...
cannabis on a table, indoors

E26: Weed in the Workplace

In this week’s episode, resident expert Kathleen Jennings and host Thom Jennings have a lengthy discussion about the implications of the ...
shirts folded and laid out across table, indoors

Labor Board Expands Employee Rights to Wear Pro-Union Shirts at Work

The National Labor Relations Board (NLRB) with its new Democrat majority, issued a major ruling on August 29, 2022, expanding employee ri...

Wimberly, Lawson, Steckel, Schneider & Stine

3400 Peachtree Road, Ste 400 / Lenox Towers / Atlanta, GA 30326 /404.365.0900

Where Experience Counts


Thank you for visiting the firm's website. Please note that this website is intended for general information purposes only and does not constitute an offer of representation or create an attorney-client relationship with the firm. The firm welcomes receipt of electronic mail but the act of sending electronic mail alone does not create an attorney-client relationship. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the firm's copyright notice.

© 2022 Wimberly, Lawson, Steckel, Schneider & Stine P.C. | Site By JSM