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DHS terminates DACA (Deferred Action for Childhood Arrivals) Program

  1. Original Date Announced

    September 5, 2017

    Acting DHS Secretary Duke issues a memorandum rescinding the Obama Administration's 2012 DACA Memo and winding down the DACA program. The new memo denies DACA eligibility to any recipients who have not yet applied, but it does not terminate DACA for current beneficiaries. It also allows pending initial application requests to proceed and gives current recipients whose benefits will expire within six months a short period in which they can apply for renewal.

    [ID #276]

    DHS Memo: Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA)
  2. Effective Date

    September 5, 2017
  3.  
  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

    President Biden issues a Day 1 Executive Order committing to "Preserving and Fortifying DACA. The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA."

    Go to article on whitehouse.gov
  5. Biden Administration Action: Approved/Retained

    July 19, 2021

    Consideration of Deferred Action for Childhood Arrivals (DACA)

    Reacting to Judge Hanen's decision, USCIS states that consistent with his order, "DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, . . . DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy."

    Go to article on uscis.gov
  6. Biden Administration Action: Approved/Retained

    August 24, 2022

    DHS Final Rule Preserving DACA

    The final rule maintains the existing threshold criteria for DACA; retains the existing process for DACA requestors to seek work authorization; and affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.

    The final rule is effective Monday, October 31, 2022. However, while a July 16, 2021 injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed by the district court, DHS presently may grant DACA renewal requests under the final rule.

    View Document

Current Status

Not in effect
January 20, 2021
Acted on by Biden Administration
July 19, 2021
Acted on by Biden Administration
August 24, 2022
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Actions: Agency Directive Program Termination
Subject Matter: DACA
Agencies Affected: USCIS DHS

Pre Trump-Era Policies

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