New DACA Rule Welcome, But Far From Enough

August 25, 2022—The Biden administration yesterday announced a final version of the DACA rule that it initially proposed in 2021. The “new” rule codifies the 2012 Napolitano memo establishing DACA (Deferred Action for Childhood Arrivals), putting DACA into the Federal Register as an official regulation. It will take effect on October 31.

This new rule does not expand eligibility, or re-open DACA for first time applicants. Nor does it authorize processing applications from the nearly 80,000 young people who applied in 2021 and are awaiting a decision on their cases. This new rule does not impact the status of current DACA recipients. Immigrant youth who have aged into eligibility since 2017 and hundreds of thousands of other immigrants who were never able to apply remain locked out of the program.

“DACA is not enough,” said Jenny Stohl Powell, legal director of the Immigrant Law Center of Minnesota (ILCM). “DACA has offered a lifeline to more than 800,000 young people, but it is only a temporary and limited fix. Congress must act to provide a path to citizenship for Dreamers, who contribute so much to our country and communities.”

DACA—Deferred Action for Childhood Arrivals—was instituted by the Obama administration in 2012 to offer protection from deportation to young people who arrived in this country before June 2007; were under the age of 16 when they arrived; were still living here in June 2012; studied in a U.S. school or served in the military; and lack any serious criminal record. The new rule will keep the 2012 DACA provisions in place, but officially puts them in the Code of Federal Regulations.

Yesterday’s announcement comes after reviewing 16,361 comments to the 2021 proposed rule. The entire 435-page rule is available here— https://www.federalregister.gov/public-inspection/2022-18401/deferred-action-for-childhood-arrivals —and is summarized in a much-shorter press release from the Department of Homeland Security here.

“DACA is right and legal and it has helped hundreds of thousands of young people finish school, apply for a work permit, and be protected from detention and deportation,” said Stohl Powell. “Current DACA recipients should continue to file for renewal well in advance of the expiration of their DACA status. Everyone should beware of any social media or other messages offering to process applications under the new rule or reserve ‘a place in line.’ No new applications will be accepted because of pending litigation, and there is no line.”

Thank you to the Interfaith Coalition on Migration (ICOM) for inviting ILCM to speak at your vigil on August 9, 2022 at the Whipple Federal Building!

Thank you everyone for making the 1st annual festival of rights a success!

Thanks to our partners, Minnesota Hispanic Bar Association and CLUES for working with us to put on this amazing event! Thanks to the Beautiful Laundrette for hosting and Malamanya for ending our event with music, fun, and dancing!

August 10, 2022— On August 9, one day before the anniversary of the fall of Kabul, bi-partisan groups of Senators and Representatives introduced an Afghan Adjustment Act in the House and Senate. The bill would offer a path to legal residence and citizenship for tens of thousands of Afghans who fled their country, many because their close ties to the United States endangered them.  

“Thanks to the efforts of Minnesota Senator Amy Klobuchar and her colleagues, this bi-partisan bill has the best chance yet to protect the Afghans who assisted the U.S. in Afghanistan,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota. “We as a nation owe them safety and a chance to rebuild their lives here. We owe loyalty to those who were loyal to us, to those whose work saved the lives of U.S. service men and women. This legislation is a necessary step in the right direction, and both Democrats and Republicans must support its speedy passage.” 

While more than 76,000 Afghan evacuees landed in the United States, tens of thousands remain in temporary camps around the world. Other Afghans in danger because of their ties to the United States or because of their political opinions, remain inside Afghanistan, living in hiding and in fear for their lives and the lives of their families. Minnesota has welcomed 1,241 Afghan evacuees, according to the Minnesota Refugee Resettlement Programs Office.  

Current immigration law offers only slow and incomplete paths to safety, with years-long backlogs of applications for asylum or refugee status. Even the Special Immigrant Visa (SIV) program for Afghans who were actually employed the U.S. military or government is painfully slow, unreliable, and inadequate. The Afghan Adjustment Act will offer a path to permanence, with solid vetting and review.  

Yesterday we were thrilled to congratulate 12 ILCM clients on becoming U.S. citizens! Our clients were among approximately 900 other individuals taking the oath ceremony at the Saint Paul River Centre yesterday. Spending the morning surrounded by the hundreds of celebratory new citizens and their families was a great start to our day and a joyful reminder why we do what we do.

One of our clients taking the oath yesterday was Alba. Alba arrived in the United States when she was 17 years old and now, 31 years later, she’s finally a U.S. citizen! She registered to vote directly after the ceremony and this fall she’ll be voting for the very first time. Congratulations Alba!

Another one of our clients taking the oath yesterday was Ariana*. Ariana has been a longtime client of ILCM. With her ILCM attorney, Ariana applied for asylum and special immigrant juvenile status and was eventually given asylum. Seven years later she is finally a U.S. citizen. Ariana is looking forward to going to college and becoming a CNA. Congratulations Ariana!

*The client chose to use a pseudonym to protect their identity.

Another of our clients taking the oath yesterday was Maria. Maria was so happy to finally become a U.S. citizen. She has been a client of ILCM for over a decade and we’re thrilled to see her to this part of her journey. Maria and her sons were planning on a celebratory meal to celebrate. Congratulations Maria!

Thank you to everyone who joined us at our Summer Celebration!

Thank you to Ernest Bisong for the amazing music, Sandra Feist for your moving words, Board Member and former ILCM client, Andrea Valdez Correa for sharing your powerful story, and our pro bono awardees, Braynell Danue Estrada Britton and Audrey Callerstrom, for all you do for ILCM and our community.  

Thank you Ballard Spahr LLP for sponsoring, and La Doña Cervecería for having us!