WASHINGTON (AP) – The Biden administration on Monday renewed its efforts to protect hundreds of thousands of immigrants who came to the United States as children from deportation, the latest move in a long-running drama about the legality of the policy.
The administration proposed a rule that attempts to satisfy the concerns of a federal judge in Houston who ruled in July that the Deferred Action for Childhood Arrivals program was illegal, in large part because the Obama administration ignored procedural requirements when It went into effect in 2012. The new rule reflects the Obama-era initiative, recreating the 2012 policy and seeking to put it on firmer ground by going through the federal regulatory process.
US District Judge Andrew Hanen, appointed by President George W. Bush, said the Obama administration exceeded its authority and did not adequately seek public feedback. It allowed renovations to continue, but prohibited new registrations. Biden’s management is attractive.
the 205 page proposal He is requesting public comment to address Hanen’s concern, though it’s unclear if that would be enough. The proposed regulation will be published in the Federal Register on Tuesday, triggering a 60-day comment period and ensuring that it is unlikely to take effect for several months.
Texas Attorney General Ken Paxton, who challenged DACA with eight other states before Hanen, did not immediately respond to a request for comment.
The Obama administration created DACA with a memorandum issued by the then Secretary of Homeland Security, Janet Napolitano. It was conceived as a stopgap measure until Congress enacted a permanent solution, which never happened.
And because DACA is not a product of legislation, it falls into a category of policies that can more easily be changed from one administration to the next. President Donald Trump attempted to rescind the DACA memorandum and end the program, but the Supreme Court concluded that he did not do so correctly.
By attempting to shore up DACA through a formal rule, which is a more rigorous process than the original memorandum, though not yet legislation, the Biden administration hopes to obtain a legal seal of approval from the courts.
It seems possible, if not likely, that the Supreme Court will have to intervene again, unless Congress acts first.
The Biden administration’s move comes as Congressional Democrats are scrambling to include immigration provisions in their 10-year, $ 3.5 trillion package of social and environmental initiatives. The language in that bill to help millions of immigrants stay permanently in the US has been a primary target of progressive and pro-immigration lawmakers, and Democrats cannot afford to lose many votes.
But the nonpartisan Senate MP said earlier this month that immigration provisions could not stay in the broad bill because it violated the chamber’s budget rules.
National Security Secretary Alejandro Mayorkas called Congress again on Monday 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 for immigrants who came to the United States with their parents as young children. “This notice of proposed rulemaking is an important step toward achieving that goal.”
Some immigration advocates echoed Mayorkas’s view that the onus rests with Congress.
“A more formalized version of DACA will stabilize the lives of DACA-eligible Dreamers, but legislative action is still needed to fully solidify the contributions of DACA recipients, expand protections to other Dreamers, and build a path to permanent legal status.” said Ali Noorani, president of the National Immigration Forum. “Formalizing DACA is a positive step, but it is not a permanent solution.”
The Democrat-led House of Representatives passed a law earlier this year creating a way for Dreamers to become legal permanent residents, but the bill has gone nowhere in the Senate, where Republicans they have blocked it and bipartisan talks have stalled. The Senate MP’s ruling further clouded legislative prospects. Advocates have said they would introduce alternative immigration provisions in the hopes that they would be allowed in the bill, but it is not clear that they will be successful.
Stephen Yale-Loehr, professor of immigration law practice at Cornell Law School, said the administration’s proposal does not involve major changes and “is an effort to protect the existing program from litigation challenges.”
The proposal adheres to the same criteria, which include arriving in the country before the age of 16, continuously residing in the United States since arrival, and being in the country on June 15, 2012.
Since 2012, more than 825,000 immigrants have signed up for DACA.
Spagat contributed from San Diego. Associated Press reporters Alan Fram in Washington and Paul Weber in Austin, Texas contributed.