The Biden administration announced Monday its plans to update DACA. This is in response to a court decision that invalidated the original program for not having gone through the regulatory process.
Homeland Security has announced the plan and made it available for comment.
Homeland Security Secretary Alejandro Mayorkas said many of the 825,000 people who have been granted a tentative foothold in the country under the Deferred Action for Childhood Arrivals program since 2012 have gone on to become valuable members of their communities, and he said putting the program on firm legal footing is long overdue.
The Biden-Harris Administration continues taking action to protect Dreamers, and recognize their contributions. He made the announcement in a statement. This notice of proposed rulemaking will help us achieve our goal . The policy closely mirrors the original program that the Obama administration created via memo in 2012:. Illegal immigrants who arrived in America before June were not older than 30, as of June . They must have attempted to obtain a high school diploma or join the military to be eligible.
DACA allows for a two year stay of deportation. The recipients can still be in the country legally without authorization. However, if their DACA status is lapsed, they will be deported.
In reality, very few people were ever targeted for removal, unless they had criminal entanglements. DACA’s real benefit was its work permit and the potential it offers.
U.S. District Judge Andrew Hanen ruled this summer that the Obama administration had made too many concessions when creating DACA. Hanen stated that DACA was a major policy shift and should have been subject to the formal rulemaking process. Not a memo.
Hanen issued an injunction that allowed DACA holders to remain in the program while excluding new applicants.
There is a consensus that “Dreamers”, the illegal immigrants who are generally eligible for DACA, should be given more protection.
But Democrats insist that Dreamers should be included in a wider legalization package that would include as many as 8,000,000 people. Republicans, however, say that this is too broad and demand that any plan includes border security and enforcement tools. Democrats are resisting.