Key Points

  • On January 20, 2021, President Biden signed an executive order directing the Secretary of Homeland Security to preserve and fortify DACA
  • The DACA program was established in 2012 by President Obama. During the Trump administration, new applications were suspended, validity periods were shortened, and the program was extensively litigated
  • Details on changes to the program will be forthcoming and applications for DACA will be reviewed on a case-by-case basis to determine eligibility

Overview

On January 20, 2021, President Biden signed an executive order to benefit the Deferred Action for Childhood Arrivals (DACA) program.

What are the Changes?

The executive order directs the Secretary of Homeland Security to "preserve and fortify" DACA. Details on how the agency will comply and implement this directive to benefit the DACA program will be forthcoming.  

Background

The DACA program was created by the Obama administration in 2012 and gives persons brought to the U.S. as children without lawful status the opportunity to continue living and working in the country without the risk of deportation. The DACA program, among other immigration policies, has been the subject of extensive litigation under the Trump administration. Over 700,000 individuals have applied for, and received, relief through the DACA program since its inception.

What Should Employers and Applicants Know?

Employers with persons employed per DACA work authorization and applicants or DACA recipients should follow our blog for updates on changes to DACA as they become available.

Looking Ahead

Details on changes to the DACA program will be forthcoming. 

Originally published 21 January 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.