Loading...

New Rule Proposed to Strengthen DACA Protections

September 29, 2021 by Dan McCue
People rally outside the Supreme Court over President Trump's decision to end the Deferred Action for Childhood Arrivals program (DACA), at the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)

WASHINGTON — The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred Action for Childhood Arrivals program and protect undocumented people in the program from legal challenges.

The Deferred Action for Childhood Arrivals program, more commonly known as DACA, is an Obama-era initiative that sought to protect the estimated 600,000 undocumented people who were brought into the country illegally as minors.

The program provides these individuals with a renewable two-year period of deferred action from deportation and makes them eligible for a work permit in the U.S. 

To be eligible for the program, recipients cannot have felonies or serious misdemeanors on their records, but unlike the proposed DREAM Act, DACA does not provide a path to citizenship for recipients.

In recent years, DACA has been litigated time and again, particularly since former President Donald Trump announced, in September 2017, that he intended to phase out the program.

Among the lawsuits filed in the wake of that announcement was Department of Homeland Security v. Regents of the University of California.

In June 2020, the Supreme Court, ruled that Trump’s rescission was arbitrary and capricious under the federal Administrative Procedures Act, but did not rule on the merits of DACA itself.

On Jan. 20, 2021, President Biden issued an executive order reversing Trump’s decision, but earlier this summer, U.S. District Judge Andrw Hanen, presiding in Texas, ruled the Obama administration had created the program “in violation of the law.”

The Biden administration is appealing that ruling.

As things stand now, Hanen is allowing the program to continue as the litigation plays out, but he has prevented the government from accepting new applications to the program.

The new rule

, which takes up 81 pages in the federal register, stems from that decision.

“The rule embraces the consistent judgment that has been maintained by the department—and by three presidential administrations since the policy first was announced—that DACA recipients should not be a priority for removal,” the Department of Homeland Security said in a statement.

In essence according to a Federal Register notice published Tuesday, the rule responds to Biden’s memorandum of Jan. 20, 2021, ‘’Preserving and Fortifying Deferred Action for Childhood Arrivals,” in which Biden stated: 

“DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations, and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain.”

The proposed rule, “recognizes that, as a general matter, DACA recipients, who came to this country many years ago as children, lacked the intent to violate the law, have not been convicted of any serious crimes, and remain valued members of our communities. 

“It reflects the conclusion that, while they are in the United States, they should have access to a process that, operating on a case-by-case basis, may allow them to work to support themselves and their families, and to contribute to our economy in multiple ways.”

The notice continues, “This proposed rule also accounts for the momentous decisions DACA recipients have made in ordering their lives in reliance on and as a result of this policy, and it seeks to continue the benefits that have accrued to DACA recipients, their families, their communities, and to the department itself that have been made possible by the policy.”

The rule also includes a host of technical revisions of the program’s original text.

DHS Secretary Alejandro Mayorkas went on to say in a statement that while publishing the notice of proposed rulemaking is an important step “only Congress can provide permanent protection.” 

“I support the inclusion of immigration reform in the reconciliation bill and urge Congress to act swiftly to provide Dreamers the legal status they need and deserve,” he said.

The move follows a ruling by U.S. Senate parliamentarian last week that rejected Democrats’ plan to include a pathway to citizenship for millions of undocumented people, including those in the DACA program, in the $3.5 trillion reconciliation package currently being hotly debated on Capitol Hill.

Those interested in submitting comments on the rulemaking, identified by DHS Docket No. 2021-0006, may do so through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the website instructions for submitting comments.

A+
a-

Immigration

November 30, 2021
by Reece Nations
Texas Land Commissioner Authorizes Border Wall on State-Owned Land

WESLACO, Texas — Texas Land Commissioner George P. Bush announced a lease agreement on Monday between the General Land Office... Read More

WESLACO, Texas — Texas Land Commissioner George P. Bush announced a lease agreement on Monday between the General Land Office and the Texas Department of Public Safety authorizing border wall construction along a tract of farmland owned by the office on a parcel of the border... Read More

November 29, 2021
by Kate Michael
Critics Say Humanitarian Aid May Prolong Conflict, Hamper Long-Term Development

WASHINGTON — According to the United Nations High Commissioner for Refugees, at the end of 2020 the most people on... Read More

WASHINGTON — According to the United Nations High Commissioner for Refugees, at the end of 2020 the most people on record — about 82.4 million people — were displaced around the world and 243.8 million people required humanitarian assistance. That is one in 33 people worldwide... Read More

September 29, 2021
by Dan McCue
New Rule Proposed to Strengthen DACA Protections

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred... Read More

WASHINGTON -- The Biden administration proposed a new rule on Monday that its says will “preserve and fortify” the Deferred Action for Childhood Arrivals program and protect undocumented people in the program from legal challenges. The Deferred Action for Childhood Arrivals program, more commonly known as... Read More

US Special Envoy to Haiti Resigns Over Migrant Expulsions

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked... Read More

The Biden administration's special envoy to Haiti has resigned, protesting "inhumane" large-scale expulsions of Haitian migrants to their homeland wracked by civil strife and natural disaster, U.S. officials said Thursday. Daniel Foote was appointed to the position only in July, following the assassination of Haiti's president.... Read More

Officials: Many Migrants From Border Camp Staying in US

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the... Read More

DEL RIO, Texas (AP) — Many Haitian migrants camped in a small Texas border town are being released in the United States, two U.S. officials said, undercutting the Biden administration's public statements that the thousands in the camp faced immediate expulsion. Haitians have been freed on... Read More

Parliamentarian Deals blow to Dems' Immigration Push

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give... Read More

WASHINGTON (AP) — Democrats can't use their $3.5 trillion package bolstering social and climate programs for their plan to give millions of immigrants a chance to become citizens, the Senate's parliamentarian said, a crushing blow to what was the party's clearest pathway in years to attaining... Read More

News From The Well
Exit mobile version