Immigration Advice Service
+1 844 290 6312 (local rate)

Mon - Sun, 8.30 am - 6 pm

Find an office

7 offices in US


Attorneys based in the
USA and the UK
Licensed USA
Immigration attorneys
We've had over 5000 applications approved
Get the correct advice from qualified immigration experts
4.7 rating 414 reviews

Biden administration plans to codify DACA

In an attempt to revive the Deferred Action for Childhood Arrivals (DACA) program, the Biden administration has recently announced plans to federally finalize regulations.

If you or someone who know is unsure of their status as a DACA-recipient, contact one of our expert immigration professionals today at +1 844 290 6312 to discuss your immigration options.

    Request a call back from our immigration experts

    The Biden administration’s plans for DACA

    The Deferred Action for Childhood Arrivals (DACA) program which the Obama administration created in 2012 to grant protected status to individuals who entered the United States illegally as minors, has faced many setbacks in the last 5 years. Since 2017 when the Trump administration tried to end the immigration policy, the DACA program has faced a series of legal challenges that threaten its existence.

    In an effort to secure its safety, the Biden administration has announced a new federal regulation by the Department of Homeland Security (DHS) to replace the Obama memo. This regulation, which will take effect on October 31st, 2022, will help codify the program and help protect it from any future legal challenges.

    Smiling Biden at podium

    Are there any new changes to the DACA requirements?

    Since it was created, the DACA program has allowed over 600,000 illegal immigrants who arrived in the U.S. as children to legally live and work in the United States without the threat of deportation. Under the new federal rule, DACA recipients will still be able to enjoy the same work and residence privileges. Under DACA, recipients will be considered as ‘lawfully present’ in the United States for immigration purposes. Furthermore, the same eligibility requirements will remain unchanged. These requirements include the following:

    • The DACA applicant must be able to prove that they arrived in the United States by the age of 16 years old or younger
    • The DACA applicant must be able to prove that they arrived in the United States before June 2002
    • The DACA applicant will need to prove that they have studied at a school in the United States or have served in the military
    • The DACA applicant must not have a serious criminal record

    The Future of DACA

    Despite the Biden administration’s attempts to codify DACA with this new regulation, DACA will continue to face legal challenges by those who want to overturn the program and end it entirely. The 5th Circuit Court of Appeals is expected to issue an option of DACA’s legality sometime soon. This particular Court of Appeal is expected to side with conservative views that the program is unlawful. If that opinion is offered, the Biden administration has the option to appeal that ruling to the Supreme Court.

    Every legal challenge the DACA program faces may lead to new problems for the program, including closing applications to new applicants and terminating the program entirely. Although the Biden administration has promised to protect and defend the DACA program, many critics believe that the only way to ensure its survival is to pass it through Congress and with it, create a pathway to U.S. citizenship for DACA recipients.

    Do you need help with your immigration case? Our lawyers can assist you with your visa application. Get in touch

      Request a call back from our immigration experts

      You may be interested in reading about.

      We can help you if you need help with your U.S. immigration case. Call us now

        Request a call back from our immigration experts

        Advice Package icon

        Advice Package

        Comprehensive immigration advice tailored to your circumstances and goals.

        Application Package icon

        Application Package

        Designed to make your visa application as smooth and stress-free as possible.

        Fast Track Package icon

        Fast Track Package

        Premium application service that ensures your visa application is submitted to meet your deadline.

        Appeal Package icon

        Appeal Package

        Ensure you have the greatest chance of a successful appeal. We will represent you in any case.

        Advice Package image

        The Advice Package

        With our untimed Advice Session, our professional immigration lawyers will review your case and provide you with comprehensive advice, completely tailored to your needs and your situation.

          Request a call back from our immigration experts

          Request the Advice Package
          Application Package image

          The Application Package

          With our Application Package, your dedicated caseworker will advise you on your application process and eligibility. Your legal advisor will then complete and submit your forms to the Home Office on your behalf.

            Request a call back from our immigration experts

            Request the Application Package
            Fast Track Package image

            The Fast Track Package

            Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.

              Request a call back from our immigration experts

              Request the Fast Track Package
              Appeal Package image

              The Appeal Package

              By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.

                Request a call back from our immigration experts

                Request the Appeal Package