Updated: Are DACA (Deferred Action for Childhood Arrivals) and the DREAM Act Good for America?

The Biden administration finalized a rule on Aug. 24, 2022 to make DACA a federal regulation (instead of a policy). The Department of Homeland Security (DHS) rule is set to take effect on Oct. 31, 2022 and will codify the policy in the federal government’s code of regulations. The new regulation purposefully addressed the steps Judge Hanen ruled the Obama administration should have taken in 2012, including making the regulation open to public comment. Whether policy or regulation, however, the 5th Circuit Court of Appeals, which is hearing the Biden administration’s appeal of Hanen’s ruling, could still keep DACA closed to new applicants or terminate the program altogether.