Deferred Action for Childhood Arrivals Final Rule National Stakeholder Engagement

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a national stakeholder engagement on the Deferred Action for Childhood Arrivals (DACA) final rule on Thursday, Sept. 22, 2022, from 3:30-4:00 p.m. Eastern.

On Sept. 28, 2021, DHS published a notice of proposed rulemaking (NPRM) for DACA. After a careful review of the public comments received, on Aug. 24, 2022, DHS announced a final rule to preserve and fortify DACA that implements the proposed rule with some amendments. The final rule:

• Maintains the existing threshold criteria for DACA;
• Retains the existing requirement that DACA requestors file Form I-765, Application for Employment Authorization, and Form I-765WS concurrently with the Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
• Clarifies procedures for termination of DACA and related employment authorization; and
• Affirms the longstanding policy that DACA recipients have no lawful immigration status, but that, like other deferred action recipients, DACA recipients are considered “lawfully present” when determining eligibility for Social Security retirement benefits as described in 8 C.F.R. 1.3.

It is effective Oct. 31, 2022.

During the engagement, USCIS will share an overview of the DACA final rule and respond to stakeholder questions. We will not address case-specific questions, questions outside the scope of the engagement, or issues under active litigation. We are committed to public engagement, and sessions like this provide valuable feedback as we work to improve our policies and develop strategies for how to effectively communicate our policies to those we serve.