The Biden Administration, Monday morning, took steps to Save the Obama-era Deferred Action for Childhood Arrivals Program (DACA) Program that Shields Hundreds of Thousands of Undocumented Immigrants brought to the US as Children from Deportation. DACA has been the subject of ongoing Litigation since it was established in 2012.
Trump tried to Terminate the Program, an effort Blocked by the Supreme Court.
For years, Congress has tried and Failed to pass Legislation to provide a Pathway to Citizenship or otherwise address the Immigration System. In the Absence of Legislation, the Obama Administration and now, the Biden Administration has relied on DACA to ensure the Group known as "Dreamers", many of whom are now Adults, can stay and work in the US.
As of March 31st, there were 616,030 DACA Recipients, the Majority of whom are from Mexico.
Monday, the Department of Homeland Security (DHS) announced a Proposed Rule which will go through a Public Comment period, but stressed that it is still Not a Final Substitute for Congressional Action.
"The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country. This notice of proposed rulemaking is an important step to achieve that goal. However, 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." said DHS Secretary, Alejandro Mayorkas.
According to the proposed Rule: to Qualify for DACA, Individuals must have arrived to the US before their 16th Birthday; have Continuously resided in the US since June 15th, 2007; are currently in School or have Graduated; have Not been Convicted of a Felony; do Not pose a Threat to National Security or Public Safety; among other Criteria.
In July, Judge Andrew Hanen of the Southern District of Texas, Ruled that DACA Violated the Administrative Procedure Act (APA), which Dictates what Procedures Agencies must go through to Implement certain Policies.
Following Hanen's Ruling, Mayorkas said the DHS would engage in a Public Rulemaking Process "to preserve and fortify DACA." The Rule will be Published in the Federal Register, on Tuesday, and will be Open for a 60-day Public Comment Period.
Hansen Blocked the Government from Approving New Applications for the Program, but his Order allowed the Program to Continue for Current Enrollees while the Case is Litigated. As long as that Stay is in effect, those current Recipients can Renew, a Process that happens every Two years, and Renew Work Permits every Three years.
The Department of Justice (DOJ) Appealed Judge Hanen's Ruling earlier this month.
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