In response to court challenges to the Obama administration's Deferred Action for Childhood Arrivals (DACA) programme, the Biden administration finalised a rule on Wednesday.
It attempted to keep safeguards in place for thousands of Dreamers.
The regulation, which will take effect on October 31 and codifies the 2012 programme that protects more than 600,000 undocumented immigrants from deportation, becomes a part of federal law.
For the past ten years, the programme has been governed by a Department of Homeland Security (DHS) memorandum, allowing them to work legally in the United States.
“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.’’
Homeland Security Secretary Alejandro Mayorkas said this in a statement.
“Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country.’’
The final rule unveiled Wednesday is similar to a proposed rule DHS released in 2021.
There were some minor changes, such as a clarification that expunged criminal convictions and immigration offences are not automatic disqualifiers for the program.
DHS received 16,361 comments during the rule’s public comment period.
The rule preserves long-standing eligibility requirements for the program.
To qualify, immigrants must have arrived in the U.S. by age 16 and before June 2007, must have studied at a U.S. school or served in the military, and must lack a serious criminal record.
The rule also retains the existing process for DACA applicants to seek work authorisation and affirms the current policy that DACA is not a form of lawful status, but DACA recipients.
It’s like other deferred action recipients were considered lawfully present.
The rule could still face a legal challenge, as the original programme has for years.