On Wednesday, the Biden Administration unveiled the new DACA rules, which followed an administrative process to avoid challenges in courts; the guidelines will enter into force on October 31 and represent an extra step for dreamers.
By Jesus Garcia | La Opinion | AUG. 24, 2022 | Photo by Michael M. Santiago
The Government of President Joe Biden advanced this Wednesday the new rules of the Deferred Action for Childhood Arrivals (DACA) , which will come into force as of October 31, and through which it seeks to avoid other legal challenges in courts.
The new rule responds to President Biden's memorandum of January 20, 2021, "Preserving and strengthening Deferred Action for Childhood Arrivals (DACA)", in order to avoid the persecution and deportation of the so-called 'Dreamers'.
“DACA reflects a position that these immigrants should not be a priority for removal , based on humanitarian concerns and other considerations, and that work authorization will allow them to support themselves and their families, and contribute to our economy,” he says. that Biden memo.
The president highlighted this Wednesday that during the COVID-19 pandemic, the 'dreamers' were found among essential workers.
“They are students, entrepreneurs and small business owners. Several served bravely in our army. They have only known the US as their home,” he said.
The new rule , more than substantive changes for the 'dreamers', seeks to protect the DACA program, following the policy of the Department of Homeland Security (DHS) in three administrations since the policy was first announced in 2012 by President Barack Obama.
"It is based on the Department's experience with the policy over the past 10 years and ongoing litigation over the policy's continued viability," the document published in the Federal Register states.
Now, the 'dreamers' will have to apply separately for forgiveness of deportation and Employment Authorization (EAD), one of the main criticisms of immigrant advocates.
Now, the US Citizenship and Immigration Services ( USCIS ) office will not be able to accept new applications yet, until there is a resolution from the Court of Appeals for the Fifth Circuit.
That after a decision by Judge Andrew Henan, of the Southern District of Texas, which blocked some 80,000 'dreamers' from achieving this protection.
“Because that injunction has been partially suspended, DHS is currently able to grant DACA renewal applications under the final rule,” the Biden Administration notes.
One of the challenges in court has been the way this program started, what the Biden Administration does is follow the administrative process that includes receiving public comments and creating a rule based on the original memorandum.
“Today we are taking another step to do everything in our power to preserve and strengthen DACA,” said Secretary of Homeland Security Alejandro Mayorkas . “Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country. However, we need Congress to pass legislation that provides a lasting solution for young dreamers who have known no other country as their own except America."
DHS indicated that the rule maintains the spirit of the 2012 memorandum, released then by then-Secretary Janet Napolitano.
The new guidance received 16,000 public comments, which DHS had to respond to, in order to make a final revision.
The new guidelines on DACA confirm the fund of the program in favor of 'dreamers':
– Maintains the existing threshold criteria for DACA, i.e. having arrived in the country before the age of 16 in 2012
– Maintains the existing process for DACA applicants to apply for work authorization
– DACA recipients are considered “lawfully present” in USA.
