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The Biden administration on Wednesday announced regulations to strengthen the Obama-era Deferred Action for Child Arrivals (DACA) program that protected hundreds of thousands of illegal immigrants who came to the United States as minors from deportation. program.
The regulation, which will take effect at the end of October, is intended to “maintain and strengthen” the program, but opponents say it is illegal and outside the jurisdiction of the government.
President Barack Obama signed an executive order in 2012 allowing people who entered the country illegally as children to obtain work permits and avoid deportation. Since its inception, more than 800,000 illegal immigrants have been protected. Supporters say they protect people who came to the country through no fault of their own.
Applicants to the program must prove that they were in the United States before June 2007 before the age of 16.
Biden calls DACA ruling ‘very disappointing’, urges Congress to pass civil rights path
“Today, we are doing everything in our power to preserve and strengthen DACA, the extraordinary program that has changed the lives of so many Dreamers,” said Homeland Security Secretary Alejandro Mayorcas in a statement. “Thanks to DACA, we are enriched by young people who are making tremendous contributions to our communities and our country. Congress needs to pass a law that offers a lasting solution to young dreamers who didn’t know they were their own.”
The content of DACA is actually almost the same, but it is published according to the public comment period. The rule reaffirms the claim that DACA is not a form of legal status like a visa, but considers DACA recipients to “lawfully exist” for certain purposes. The rulemaking process means it will likely survive the legal challenges that are currently going through the courts.
BIDEN admin recreates DACA after court rule against IT
The Trump administration tried to end the program, but was blocked by the Supreme Court in 2020. After his inauguration, President Biden signed a memo to protect DACA, ordered DHS to take “all appropriate actions under the law” to maintain the program, and asked Congress to grant recipients citizenship. asked to give the way to
But last year, a Texas judge ruled that the program was illegal. Judge Andrew Hannen found in the division judgment that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) in formulating the policy. He found the policy illegally implemented and ordered the DHS to stop approving his DACA application, but said the application could still be accepted. This ruling does not affect his current DACA recipient status.
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The judge ruled that the agency’s interpretation of the laws was “overly broad” and that those laws did not give the federal government power to enact the program.
“DACA will grant legal stay and work permits to more than one million people for whom Congress has not made any provisions and who have consistently rejected such provisions,” Hannen wrote. rice field.
The Biden administration is appealing a lawsuit that could be ruled by an appeals court in the coming weeks. Issuance of the final rule may shield it from arguments that it circumvented the APA’s rulemaking requirements.
The Associated Press contributed to this report.