The Dept. of Homeland Security is taking steps to codify the Obama-era DACA program into regulatory policy — even as a court case threatens to upend the ability of migrants who were brought illegally into the U.S. as young children to stay in the country.
U.S. Homeland Security Secretary Alejandro Mayorkas speaks during a news conference in Washington, Sept. 9, 2021.into regulatory policy -- even as a court case threatens to upend the ability to remain in the country for migrants who were brought illegally into the U.S. as young children.
The rule largely preserves the eligibility criteria outlined in a 2012 memo by then-Homeland Security Secretary Janet Napolitano, including the requirement that applicants must have arrived in the U.S. before the age of 16 and must have continuously resided in the country for at least five years before June 15, 2012.
The department's final rule would not go into effect until Oct. 31 and it was unclear how Wednesday's move would impact any current litigation. Immigration advocates had warned that decoupling the two benefits would leave people susceptible to losing work authorization while maintaining deferred deportation if a future administration wished to make DACA recipients ineligible to work.
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