News Detail

DHS Sends Proposed Rule Intended to Strengthen the DACA Program to the White House for Review

The Department of Homeland Security (DHS) has sent a proposed rule regarding the Deferred Action for Childhood Arrivals (DACA) program to the White House Office of Information and Regulatory Affairs (OIRA) for review. This is typically the final step in the regulatory process before a rule is published in the Federal Register.

This forthcoming DACA rule seeks to effectuate President Joe Biden’s January 2021 Presidential Memorandum entitled, “Preserving and Fortifying Deferred Action for Childhood Arrivals.” That memorandum required DHS, in consultation with the Attorney General, to take to take all appropriate action to preserve and fortify DACA. Consistent with the Presidential Memorandum, the proposed rule now under review is intended to “preserve and fortify DACA in light of recent and pending lawsuits involving the program.” In the most recent Regulatory Agenda, DHS set a goal of publishing the proposed rule this month, so this rule is expected to be published in the Federal Register imminently.

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