The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a comment in response to a proposed rule on Deferred Action for Childhood Arrivals (DACA), published by U.S. Citizenship and Immigration Services (USCIS) on September 28, 2021. The comment offered support for the incorporation of DACA into regulation and provided recommendations related to its administration and adjudication.

The organizations recommended that USCIS separate the deferred action and employment authorization applications, include lawful presence for those granted DACA, narrowly construe disqualifying criminal convictions, make DACA applications eligible for a fee waiver, modify how it dates DACA renewals, and harmonize advance parole applications for DACA holders with those of Temporary Protected Status holders.