View Rule

On June 15, 2012, DHS established the Deferred Action for Childhood Arrivals (DACA) policy. The policy directed USCIS to create a process under which DHS exercises prosecutorial discretion, on an individual case-by-case basis, by deferring action against certain individuals who came to the U.S. as children, met other guidelines, and warranted a favorable exercise of discretion. On January 20, 2021, President Biden signed a Presidential Memorandum, Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA), requiring DHS, in consultation with the Attorney General, to take all appropriate action to preserve and fortify DACA, consistent with applicable law. Consistent with the Presidential Memorandum, DHS intends to engage in notice-and-comment rulemaking to preserve and fortify DACA.