The Biden administration on Wednesday announced the finalized rule intended to “preserve and fortify” the Deferred Action for Childhood Arrivals (DACA) program as it continues to face legal attacks from Republicans 10 years after the popular and successful policy first began to accept applications.
“While technical in nature, the change announced Wednesday is designed to address some of the Republican-led legal challenges against the DACA, which a federal judge in Texas last year closed to new applicants,” CBS News reported. The program has continued to remain open for current and former beneficiaries. The Department of Homeland Security (DHS) said the finalized rule goes into effect on Oct. 31.
RELATED STORY: Thousands—including many from Daily Kos community—comment on proposed DACA rule ahead of deadline
“A product of careful review and in response to the more than 16,000 comments received during the public comment period, the final review codifies existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum,” DHS said. Among the many comments in support of a fortified rule were those from Daily Kos community members.
One concerning proposal that could have severed work permits from the program was axed. Advocates had also urged the federal government to modify date- and age-based eligibility criteria in order to expand the policy to many more young undocumented immigrants. But they expressed disappointment this week when the finalized rule did not expand relief, and maintained the same criteria.
“This final DACA rule fails to strengthen the program by not expanding it to include the majority of undocumented immigrant youth who are graduating from high school this year and not eligible for the program because of arbitrary cut-off dates,” said Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream, in a statement received by Daily Kos.
The federal government’s logic is likely that significant changes could bring legal challenges from Republicans. But Republicans are likely to sue anyway. Still, United We Dream noted that advocacy helped ensure that work permits were protected throughout this rule-making process. “While this rule doesn’t go far enough by failing to expand the eligibility to more people, the unapologetic organizing efforts of immigrant youth and our allies during the comment period led to ensuring work permits were not decoupled from the protections from deportation as originally proposed,” she continued.
“While I would have liked to have seen DACA eligibility expanded and for other reforms to be made to the program, it’s clear Congress must take action,” said California Sen. Alex Padilla in a statement received by Daily Kos. He said the policy is currently before the conservative Fifth U.S. Circuit Court of Appeals in Louisiana, “which could once again put DACA beneficiaries at risk.” Just this month, a court in New York refused to revive tens of thousands of first-time applications that were thrown into limbo following the ruling that’s at the court in Louisiana. As previously noted, confusing, yes—and just imagine how it feels for those applicants, the current beneficiaries, and the hopefuls shut out of the program entirely.
“With Republicans trying to end DACA through the courts as they did with abortion, Democrats must sound the alarm on DACA and use every tool at their disposal to protect hundreds of thousands of Dreamers in communities across our country,” said Sergio Gonzales, executive director of the Immigration Hub, in a statement received by Daily Kos.
“It is time for Congress to resolve the uncertainty that has lingered for more than a decade after multiple Republican legal challenges and attempts by GOP officials such as Trump’s move to end DACA,” Gonzales continued. “We need legislation passed this year to protect undocumented immigrants including Dreamers, farm workers and Temporary Protected Status holders, among others, who are contributing to our economy and communities.”
Click here to donate and help protect immigrant youth from deportation.
Want to fight voter suppression? Sign up to volunteer as a poll worker this November with Power the Polls, and they will get you connected.
RELATED STORIES:
On DACA's 10th anniversary, immigrants celebrate wins, continue pushing for citizenship for all
Federal court denies relief to tens of thousands of first-time DACA hopefuls
'Our stories are of suffering and fear, but also of hope': DACA recipients meet with Harris
