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DHS/USCIS RIN: 1615-AC64 Publication ID: Spring 2022 
Title: Deferred Action for Childhood Arrivals 

On June 15, 2012, DHS established the DACA policy. The policy directed USCIS to create a process to defer removal of certain noncitizens who years earlier came to the United States as children, meet other criteria, and do not present other circumstances that would warrant removal. On January 20, 2021, President Biden directed DHS, to take all appropriate actions to preserve and fortify DACA, consistent with applicable law. On July 16, 2021, the U.S. District Court for the Southern District of Texas vacated the June 2012 Memorandum that created the DACA policy and permanently enjoined DHS from "administering the DACA program and from reimplementing DACA without compliance with the APA." However, the district court temporarily stayed its vacatur and injunction with respect to most individuals granted deferred action under the DACA policy on or before July 16, 2021, including with respect to their renewal requests. The district court’s vacatur and injunction were based, in part, on its conclusion that the June 2012 Memorandum announced a legislative rule that required notice-and-comment rulemaking. The district court further remanded the DACA policy to DHS for further consideration. DHS has appealed the district court’s decision. Consistent with the Presidential Memorandum, DHS published a notice of proposed rulemaking on September 28, 2021, to consider all issues regarding DACA, including those identified by the district court relating to the policy’s substantive legality. DHS is considering public comments received and plans to issue a final rule.

Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 8 CFR 106    8 CFR 236    8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 6 U.S.C. 101 et seq.    8 U.S.C. 1101 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/28/2021  86 FR 53736   
NPRM Comment Period End  11/29/2021 
Final Rule  08/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Rena Cutlip-Mason
Chief, Division of Humanitarian Affairs, OP&S
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive,
Camp Springs, MD 20746
Phone:240 721-3000