Regulation issued by DHS to protect DACA. How?

In a recent announcement by Homeland Security Secretary Alejandro N. Mayorkas , a final rule to fortify the Deferred Action for Childhood Arrivals (DACA) , a policy for specific non-eligible individuals who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit, has been issued.

Since 2012, nearly 800,000 young people have found a home in the United States with their families, and they have grown up to serve the country’s society in a variety of noble ways.

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary programme that has transformed the lives of so many Dreamers,” said Alejandro N. Mayorkas.”Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country. “However, we need Congress to pass legislation that provides a long-term solution for the young dreamers who have known no other country as their home than the United States.”

As based on the perennial USCIS practise and as declared in the 2012 Napolitano Memorandum ,the rule illustrates that there should be consistent judgement from the Department and to be maintained by the same three presidential administrations, and it zeroes in on the fact that DACA recipients should not be prioritised for removal.

The final rule after certain developments and replacements in the DACA policy guidance is:

Upholding the existing threshold criteria for DACA
Retaining the procedure for DACA requesters to seek work authorization
affirms the long-standing, prevailing policy of DACA not being a form of lawful status but that DACA recipients are to be considered “lawfully present” for certain purposes like other deferred action recipients.

The final rule is to be effective from October 31, 2022.