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WASHINGTON (AP) – The Biden administration on Monday renewed its efforts to protect hundreds of thousands of immigrants who arrived in the United States as young children from deportation, the latest maneuver in a long-running tragedy date on the legality of the policy.
The administration has proposed a rule that attempts to address the concerns of a Houston federal judge who ruled in July that the deferred action program for children’s arrivals was illegal, in large part because the Obama administration bypassed procedural requirements when it came into effect in 2012. The new rule reflects the Obama-era initiative, recreating the 2012 policy and seeking to consolidate it through the federal regulatory process.
US District Judge Andrew Hanen, appointed by President George W. Bush, said the Obama administration overstepped its authority and failed to properly solicit public comment. He authorized the continuation of renewals but prohibited new registrations. The Biden administration is appealing.
The 205-page proposal is seeking public comment to address Hanen’s concern, although it’s not clear whether that would suffice. The proposed regulations will be published in the Federal Register on Tuesday, triggering a 60-day comment period and ensuring it is unlikely to take effect for several months.
Texas Attorney General Ken Paxton’s office, who challenged DACA with eight other states before Hanen, did not immediately respond to a request for comment.
The Obama administration created the DACA with a memo issued by then Homeland Security Secretary Janet Napolitano. This was an interim measure until Congress passed a permanent solution, which never happened.
And because DACA is not the product of legislation, it falls into a category of policies that can more easily be changed across jurisdictions. President Donald Trump attempted to rescind the DACA memo and terminate the program, but the Supreme Court found he did not do it properly.
In attempting to consolidate the DACA through a formal rule – which is a more rigorous process than the original memo, but still not legislation – the Biden administration is hoping to gain legal approval from the courts.
It seems possible, if not likely, that the Supreme Court will be called upon to rule again, unless Congress acts first.
The Biden administration’s move comes as Democrats in Congress struggle to include immigration provisions in their 10-year $ 3.5 trillion social and environmental package. The wording of this bill helping millions of immigrants stay permanently in the United States has been one of the main goals of progressive and pro-immigration lawmakers, and Democrats cannot afford to lose many votes. .
But the non-partisan Senate parliamentarian said earlier this month that the immigration provisions could not stay in the general bill because they violated the chamber’s budget rules.
Homeland Security Secretary Alejandro Mayorkas on Monday again called on Congress to act quickly to provide “the legal status they need and deserve”.
“The Biden-Harris administration continues to take steps to protect dreamers and recognize their contributions to this country,” Mayorkas said, using a term commonly used to refer to immigrants who came to the United States with their parents while ‘they were young children. “This notice of proposed rulemaking is an important step in achieving this goal. “
Some immigration advocates echoed Mayorkas’ view that the responsibility lies with Congress.
“A more formal version of DACA will stabilize the lives of DACA-eligible Dreamers, but legislative action is still needed to fully consolidate contributions from DACA beneficiaries, extend protections to other Dreamers, and pave the way for permanent legal status,” said Ali Noorani, president of the National Forum on Immigration. “The formalization of DACA is a positive step, but it is not a permanent solution.”
The Democratic-led House passed a law earlier this year creating a way for dreamers to become lawful permanent residents, but the bill has gone nowhere in the Senate, where Republicans have blocked and blocked it. Biparty talks have stalled. The decision of the senatorial parliamentarian has further hampered legislative prospects. Advocates have said they will bring forward alternative immigration provisions in the hope that they will be allowed in the bill, but it is not clear that this will work.
Stephen Yale-Loehr, professor of immigration law at Cornell Law School, said the administration’s proposal made no major changes and “is an effort to shield the existing program from legal challenges.” .
The proposal adheres to the same criteria, which include arriving in the country before the age of 16, continued residence in the United States since arrival, and being in the country on June 15, 2012.
Since 2012, more than 825,000 immigrants have registered with the DACA.
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Spagat contributed from San Diego. Associated Press reporters Alan Fram in Washington and Paul Weber in Austin, Texas, contributed.
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