2022 DACA Final Rule and Related Adjustment-Inhibiting Policies

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Expand DACA Eligibility and Pathway to Permanent Residence

AKA “Fix a Broken System Without Rewarding Lawbreaking”


Which agency/agencies promulgated the regulation? *
Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind and revise the following regulatory and policy limitations: 8 CFR §236.22 and §236.23 — Narrow eligibility rules for Deferred Action for Childhood Arrivals (DACA), including outdated residence and age cutoffs and rigid educational criteria. 8 CFR §274a.12(c)(33) — Defines employment authorization for DACA recipients but restricts the legal flexibility needed to support broader status adjustments. Related DHS and USCIS guidance that limit access to adjustment of status and advance parole for DACA recipients under the Immigration and Nationality Act.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
2022 DACA Final Rule and Related Adjustment-Inhibiting Policies
Please provide a short summary of the justifications for the rescission. *
The current DACA rule excludes too many people based on arbitrary cutoffs and offers no reliable path to permanence. DHS can and should remove outdated eligibility restrictions, allow broader access to humanitarian parole, and clarify that eligible recipients may adjust status under existing law when otherwise qualified.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Citizenship and Immigration Services 20 Massachusetts Ave NW Washington, D.C. 20529
Please insert the contact information for the agency. *
USCIS Contact Center: 1-800-375-5283 Email: public.engagement@uscis.dhs.gov
What is the background for the regulation being rescinded? *
DACA was established in 2012 to protect undocumented individuals brought to the U.S. as children. The 2022 final rule codified the program but retained outdated requirements, including a fixed 2007 residence cutoff and narrow definitions of educational eligibility. Meanwhile, USCIS policies have blocked many DACA recipients from adjusting status—even when otherwise eligible—by denying access to advance parole and treating parole returns inconsistently.
Explain the reasons for the rescission. *
DACA recipients contribute to the economy, care for U.S. family members, and embody the values of civic life. They deserve a stable future. Rescinding these regulatory barriers would modernize eligibility, reflect lived realities, and ensure that those who qualify under the law can adjust their status without bureaucratic dead ends.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Revised provisions shall: Replace the fixed June 15, 2007 residence cutoff with a dynamic or rolling eligibility window Expand allowable age and educational criteria to include alternative career pathways and life circumstances Authorize DACA recipients to seek advance parole more broadly and clarify that such lawful parole may support adjustment of status under INA §245 Affirm that deferred action does not block eligibility for LPR under employment-based, family-based, or humanitarian categories
Please insert the name of the current agency head. *
Kristi Noem
Please insert the title of the agency head. *
Secretary of Homeland Security

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