Biden Administration Unveils Final Rule on DACA

By Hugh T. Ferguson, NASFAA Managing Editor

The Biden administration, in a move to strengthen the Deferred Action for Childhood Arrivals (DACA) program, recently unveiled final regulations in the Federal Register that would codify the program through the regulatory process.

This is the first time DACA has gone through the formal rulemaking process, with the program facing a litany of judicial challenges over the last 10 years that left more than 800,000 participants in a precarious position.

The final regulations unveiled by the Department of Homeland Security (DHS) largely mirrors the current structure of the DACA program that was established in 2012.

In November 2021, NASFAA joined a number of other higher education organizations in comments on the DHS's Notice of Proposed Rulemaking for the DACA program, and applauded the administration for undertaking the formal rulemaking process.

While the signatories acknowledged that this rulemaking was intended to fortify the existing program, the groups went on to list several suggestions "of what we wish to see the DACA program grow into," including changes to the threshold criteria regarding the date of arrival and the age threshold, and making clear that the program will start accepting new applications, among others.


Publication Date: 9/14/2022

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