A fresh round of measures to safeguard hundreds of thousands of immigrants who came to the United States as children from deportation was launched on Monday by the Biden administration, the latest tactic in a long-running legal battle over the policy’s legality.
The proposed regulation seeks to address concerns raised by a federal judge in Houston who ruled in July that the Deferred Action for Childhood Arrivals programme was illegal. It has taken on greater significance as legislative prospects have dimmed.
President George W. Bush appointee U.S. District Judge Andrew Hanen said the Obama administration overstepped its authority and did not properly solicit feedback when it implemented DACA in 2012. Renewals were allowed to continue, but new enrollments were not. The Biden administration is persuasive. In the meantime, the new rule would seek public feedback on the issue raised by Hanen.
On Monday, Homeland Security Secretary Alejandro Mayorkas urged Congress to act quickly to provide “the legal status they need and deserve.” He advocated for legislation to be enacted through spending negotiations, a strategy that was dealt a potentially fatal blow earlier this month when the Senate parliamentarian prohibited it.
“The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country,” said Mayorkas, using a commonly used term for immigrants who came to the U.S. with their parents as young children. “This notice of proposed rulemaking is an important step to achieve that goal.”
According to Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School, the administration’s proposal “is an effort to bulletproof the existing program from litigation challenges.”
The 205-page proposal will be published in the Federal Register on Tuesday, triggering a 60-day period for public comment, ensuring that it will not take effect for several months. It follows the same criteria, which include arriving in the country before the age of 16, continuously residing in the United States since arrival, and being present on June 15, 2012.
Since 2012, more than 825,000 immigrants have enrolled in DACA.
The Associated Press
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