Biden’s DHS moves to preserve DACA

On Monday, September 27, Biden’s DHS (Department of Homeland Security) unveiled a Notice of Proposed Rulemaking that seeks to reimplement or recreate the deportation relief program known as DACA (Deferred Action for Childhood Arrivals).

This action by the Biden administration comes after a Texas federal judge ruled against DACA in mid-July 2021, stating that the Obama administration did not follow regular protocols when it implemented it in 2012 and, therefore, does not meet the eligibility criteria to be a legitimate immigration benefit.

Since the verdict, the Biden administration disagreed with the decision and stated that it would use every tool at its disposal to protect DACA recipients.

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DACA – Deportation relief program for young people

In 2012, the Obama administration created DACA with the intention of protecting young immigrants known as Dreamers. This term refers to immigrants who came, or rather were brought, to the US without legal documentation when they were minors.

The vast majority of Dreamers are people who have resided in North America for as long as they can remember and have already built their lives here.

DACA is the only direct legal means for Dreamers to obtain temporary documentation and this program currently protects more than 600,000 young immigrants.

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DHS’s arguments to recreate DACA

The judge in charge of the case stated in his ruling, among other things, that the Obama administration did not follow the rulemaking process or seek input from the American public when implementing DACA.

As a result, the Texas judge suspended new DACA applications, leaving more than 80,000 Dreamers who had submitted their initial applications in limbo. Although his ruling does not affect current DACA recipients, they are still in limbo when they have to renew their permits.

Through the new Notice of Proposed Rulemaking, which will be officially published in the Federal Register on September 28, the Biden administration seeks to follow the regular process that the Obama administration lacked to legitimately reimplement the DACA program and receive public comment.

In fact, the DHS Secretary stated, “The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country (…) This notice of proposed rulemaking is an important step to achieve that goal”.

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Follow our team’s advice during your immigration process!

We want to help you fulfill your dreams in the US through the immigration process that best suits your current needs. Therefore, do not hesitate to contact Motion Law Immigration, schedule a FREE Consultation and follow the advice of our expert immigration attorneys, who have vast experience with all kinds of immigration cases and will surely know which is the best alternative for your particular case.

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