Biden administration unveils rule to protect DACA program from legal challenges

The Biden administration on Monday unveiled a proposed rule designed to isolate a program to aid the deportation of undocumented immigrants who arrived in the United States as children of legal challenges that threaten the existence of the policy.

The rule, set to be officially released on Tuesday, would give the public 60 days to submit comments for or against the Obama era Deferred action for arrivals of children (DACA), which provides protection against deportation and work permits to approximately 590,000 immigrants known colloquially as “Dreamers”.

Homeland security officials said the proposed rule builds on DACA guidelines outlined in 2012, when the Obama administration created the program, and adopts the “consistent judgment” that immigrants who arrived in United States as minors should not be a priority for deportation.

The release of the rule will represent the latest and greatest effort by the Biden administration to protect a threatened immigration program since 2017, when the Trump administration tried to shut it down.

“The Biden-Harris administration continues to take steps to protect dreamers and recognize their contributions to this country,” Homeland Security Secretary Alejandro Mayorkas said in a statement. “This notice of proposed rulemaking is an important step towards achieving this goal.”

In July, a Texas federal judge declared The DACA was illegal and prevented the government from adjudicating the claims made by new claimants. The decision dashed the hopes of tens of thousands of immigrant teens and young adults who applied, or hoped to apply, for the program.

In addition to questioning the broader legality of DACA, U.S. District Court Judge Andrew Hanen said the policy should have been enacted through federal regulation open to public comment, not a note from the Ministry of Homeland Security.

Earlier this month, the Justice Department appealed Hanen’s decision.

Prerequisites for DACA eligibility include not having serious criminal convictions, arriving in the United States before the age of 16, living in the country for at least 2007, and obtaining a degree American high school education, a GED, or honorable military service. DACA does not allow its beneficiaries to adjust their status and obtain legal permanent residence.

For two decades, multiple efforts to put “dreamers” on the path to American citizenship collapsed, despite significant public support.

This summer, Democratic lawmakers focused on creating a legalization program for “dreamers” and other undocumented immigrants, including farm laborers, through the budget reconciliation process, which would allow Democrats to approve the plan in the Senate with a simple majority.

This plan, however, received a heavy blow last week when the Senate parliamentarian said it could not be included in the reconciliation process, which is designed for budget items.