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A Notice of Proposed Rulemaking to Preserve and Fortify DACA

On September 28, 2021, the U.S. Department of Homeland Security (DHS) will publish a notice of proposed rulemaking (NPRM) in the Federal Register, regarding preserving and fortifying Deferred Action for Childhood Arrivals (DACA). The NPRM allows for a 60-day public comment period that begins once published on September 28, 2021 and closes on November 29, 2021. You may submit comments through Regulations.gov under DHS Docket No. USCIS-2021-0006.

This NPRM seeks to codify the existing DACA policy with a few limited changes, including:

  • Modifying the existing filing process and fees for DACA by making the request for employment authorization on Form I-765, Application for Employment Authorization, optional and charging a fee of $85 for Form I-821D, Consideration of Deferred Action for Childhood Arrivals; the current cumulative fees for both a DACA request and optional employment authorization would remain $495, absent any separate fee increase for the Form I-765 generally;
  • Providing clarity in procedures for termination of DACA and employment authorization, including when DHS will provide an opportunity for the DACA recipient to respond before a DHS decision;
  • Providing clarity to DHS’s longstanding information sharing and use policy for information provided by DACA requestors; and
  • Reiterating DHS’s long-standing policy that a noncitizen who has been granted deferred action is considered “lawfully present” for certain public benefits and does not accrue “unlawful presence” for purposes of section 212(a)(9) of the Immigration and Nationality Act.

We will regularly update the blog as soon as any new information is available.

Disclaimer

This article aims to provide new information concerning preservation and fortification of DACA. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

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