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After receipt and consideration of more than 16,000 public comments, on Aug. 30, 2022, the Department of Homeland Security (DHS) will be publishing a final rule in the Federal Register implementing, with some amendments, the proposed Sept. 28, 2021 rule to establish regulations preserving and fortifying the Deferred Action for Childhood Arrivals (DACA) policy. (See DHS Press Release.) The final rule, effective Oct. 31, 2022, maintains the current threshold criteria for DACA applicants, retains the current process for work authorization for DACA applicants, and affirms the DHS policy that DACA does not provide a lawful status but allows DACA applicants to be considered “lawfully present” for certain purposes. Due to the partial stay of the July 16, 2021 injunction from the U.S. District Court for the Southern District of Texas, DHS is prevented from applying the final rule to new initial DACA requests but can continue to grant renewal requests under this final rule.

The American Immigration Lawyers Association (AILA) commended the issuance of the final rule on Aug. 24, 2022, praising the Biden administration’s efforts to shore up DACA protections but calling on Congress to do more. AILA President Jeremy McKinney said, “These regulations are essential, but laws are for lasting change. We need Congress to pass legislation permanently protecting all Dreamers—not just those who qualify for DACA under these regulations, but also the many others who have lived for years in legal limbo. That is the true solution here.”

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Kathryn Schababerle ˘

Kathryn Schababerle is an assistant director in Greenberg Traurig’s Immigration & Compliance Practice.

˘ Not admitted to the practice of law.

Photo of Martha Schoonover‡ Martha Schoonover‡

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and…

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and crew members working on the Outer Continental Shelf. In addition, Martha assists in obtaining labor certifications and permanent resident status for professionals, researchers, multinational managers and executives and other priority workers and in obtaining and relinquishing U.S. citizenship.

Martha represents companies facing U.S. government investigations or audits for immigration violations and prepares immigration and visa compliance programs for clients. She counsels employers on the employer sanctions and anti-discrimination provisions of the Immigration Reform and Control Act of 1986 and represents employers being audited by the U.S. Government. In addition, she assists foreign companies in obtaining vessel exemptions from the U.S. manning requirements of the U.S. Outer Continental Shelf Lands Act and in obtaining determinations from the Coast Guard that persons are not a part of the regular complement of the crew. Her practice involves appearances before and filing petitions/applications with the U.S. Department of State and its overseas posts, The U.S. Department of Labor, and the Department of Homeland Security, including U.S. Citizenship and Immigration Services and the U.S. Coast Guard. Martha has been a frequent lecturer and author for the American Immigration Lawyers Association (AILA) American Bar Association and ALI-ABA. She headed AILA’s Labor Certification Task Force from 1993 to 1995 and has served on its State Department and INS/CIS General Counsel Liaison Committees.

Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.