Biden DHS Issues Final Rule Codifying DACA in Federal Regulations

The Biden administration published a final rule on August 30, 2022, codifying the DACA policy into the Code of Federal Regulations rather than leaving it as a DHS memorandum. The rule was intended to give DACA stronger legal footing against court challenges. However, the Fifth Circuit Court of Appeals ruled in 2022 that even the codified rule was unlawful, and a Texas federal judge had previously vacated the policy in 2021.