Biden administration to shield DACA program from legal challenges
The Biden administration plans to release a proposed rule this week designed to isolate a deportation assistance program for undocumented immigrants who arrived in the United States as children of legal challenges that threaten the existence of politics, congressional officials familiar with the matter told CBS News.
The rule, due for release Tuesday, would give the public 60 days to submit comments for or against the Obama-era Deferred Action for Childhood Arrivals (DACA) policy, which offers protection against deportation and work permits for approximately 590,000 immigrants known colloquially as “Dreamers”.
According to congressional officials, the proposed rule should build on the same DACA guidelines described in 2012, when the Obama administration created the program, and adopt the “consistent judgment” that immigrants who have arrived in the states -United as minors should not be a priority for deportation.
The release of the rule will represent the Biden administration’s latest and greatest effort to save a threatened immigration program since 2017, when the Trump administration tried to shut it down.
In July, a Texas federal judge ruled DACA illegal and banned the government from adjudicating claims filed 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.
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.