Biden administration plans to publish proposed rules to preserve DACA

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Biden administration plans to publish proposed rules to preserve DACA

WASHINGTON — The Biden administration plans to publish a proposed rule Tuesday that outlines the Deferred Action for Childhood Arrivals, or DACA, a program that has saved hundreds of thousands of young adults from deportation and allowed them to legally return to the United States. allowed to work. .

The proposal is especially significant given a recent decision by Senate lawmakers not to allow immigration provisions into a massive budget bill that Democrats hoped would put DACA recipients on the path to citizenship. Will go

The new rule, to be published in The Federal Register, will take effect after the administration considers public input during the 60-day comment period. It would protect nearly 700,000 undocumented people brought into the United States from being deported as children or losing their work permits, even if Congress does not pass comprehensive immigration reform.

Over the years, DACA beneficiaries, often referred to as Dreamers, have been uncertain about their future as programs have been cancelled, reinstated and partially withdrawn from court decisions and administrative actions. Is. The Trump administration tried to eliminate it and many states, led by Texas, have also challenged its legality.

Yell-Lohr, professor of immigration law at Cornell Law School, said the 205-page rule is “basically an attempt to bulletproof the DACA program from the challenges of litigation.”

“While Democrats will try to find other ways to provide a way to green cards for Dreamers,” he said, “the proposed rule could be a temporary safety net for Dreamers if the law fails.”

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In July, a federal judge in Texas ruled that the program was illegal and said President Barack Obama had exceeded his authority when he created it by executive action in 2012. The judge’s ruling held that the Obama administration had not taken appropriate steps in setting up. The program follows the Administrative Procedure Act.

United States District Court Judge Andrew S. Hannon wrote that current DACA recipients would not be immediately affected by their decision, and that the federal government should take “no immigration, deportation or criminal action” against them. It won’t take otherwise. This gave the government time to address the issues with the program taken up by them.

Since the ruling, the Department of Homeland Security has continued to accept renewals, but has not approved any new applications for the program.

Democrats had hoped to include a path to citizenship for Dreamers living in the United States and about 7 million other undocumented immigrants in the $3.5 trillion budget bill. But after Senate lawmakers last week ruled that those measures were not included in the bill, Democrats are drawing up a backup plan. The Immigration Registry will be updated, which is the process of extending legal permanent residency based on the long-standing presence of immigrants in the country. Many in the DACA program will benefit from this measure.

Homeland Security Secretary Alejandro N. “The Biden-Harris administration continues to take action to protect the Dreamers and to recognize their contributions to this country,” Meyerkas said in a statement.

“This notice of proposed rulemaking is an important step towards achieving that goal,” he said. “However, only Congress can provide permanent protection.”

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The DACA program has enabled many recipients to attend college, pursue a career, and buy a home. Polls have shown that Americans strongly support giving legal status to Dreamers.

“We know DACA is not permanent – ​​and it is not enough,” said Bruna B. Solod, communications director for United We Dream, a national advocacy group. “Millions of immigrants are still living in fear and in danger of detention and deportation, which is why we need Democrats to grant citizenship through reconciliation this year.”

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