Biden administration takes steps to ‘preserve DACA; Rose Law Group Chair of Immigration Dept. says law is needed

NOVEMBER 13 2016: Latinos, immigrants & supporters gathered 3,000 strong at Columbus Circle to protest & march against President-elect Donald Trump’s proposed immigration policies

Rebecca Morin| USA TODAY

The Biden administration took steps Monday to preserve an Obama-era program that offers protections for young immigrants who were brought to the United States as children.

The Department of Homeland Security announced a notice of proposed rulemaking that would “preserve and fortify” the Deferred Action for Childhood Arrivals program, also known as DACA. The move comes months after a federal judge in Texas ruled the program illegal and halted its acceptance of new applications for the program.

DHS Secretary Alejandro Mayorkas said in a statement Monday that “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,” he said in the statement. “However, only Congress can provide permanent protection. 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.”

“This move by the Biden administration is a welcomed signal of support for Dreamers who’ve been put through incredible amounts of stress between the prior administrations efforts to rollback DACA and now this latest court ruling out of Texas. However, as the article notes, what is truly needed is legislation that enshrines DACA with lasting protection that Executive orders cannot provide

Darius Amiri, Rose Law Group Immigration Law Dept. Chair

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September 2021