The Biden administration is moving forward with efforts to create a new version of the Deferred Action for Childhood Arrivals (DACA) policy after the program was ruled illegal by a federal court in Texas, Fox News reports.
“The Biden-Harris Administration continues to take action 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 to achieve that goal. However, only Congress can provide permanent protection,” Mayorkas added.
Mayorkas continued: “I support the inclusion of immigration reform in the reconciliation bill and urge Congress to act swiftly to provide Dreamers the legal status they need and deserve.”
Open to public
BREAKING: DHS announces a proposed rule that attempts to preserve DACA—the Obama-era program that’s been the subject of ongoing litigation. Starting tomorrow, the regulation will be open for public comment. https://t.co/mTm2M2fotA
— Priscilla Alvarez (@priscialva) September 27, 2021
The Department of Homeland Security (DHS) is now inviting the public to submit comments for alternative approaches.
DHS is taking additional steps to preserve & fortify the Deferred Action for Childhood Arrivals (DACA) program.
DHS encourages the public to submit comments, including legal & policy considerations, and suggestions for alternative approaches.
— Homeland Security (@DHSgov) September 27, 2021
Why it ended
According to The New York Times, a federal judge in Texas ruled in July that the DACA program violated the Administrative Procedures Act (APA), which governs the process by which rules are made. The decision ended any future children from the ability to obtain benefits from the current program.
The Biden administration appealed the decision earlier in September.
Previously, former President Donald Trump sought to end the policy, but the case did not move forward within the courts during that time.
Democrats also sought to include amnesty for illegal aliens in its spending plan. However, a ruling by the Senate Parliamentarian went against the action, ending the option of passing a budgetary bill to intervene in Congress.
The Biden administration now appears ready to recreate a new version of DACA to move forward if other efforts do not succeed. In doing so, Biden will continue to drive controversy regarding his wide-open immigration policies that have been frustrating to many nationwide.