Biden takes new tack on ‘Dreamers’
The Biden administration on Monday renewed efforts to shield hundreds of thousands of immigrants who came to the United States as young children from deportation, proposing to do so via regulation, the latest maneuver in a long-running drama over the policy’s legality.
The proposed rule attempts to satisfy concerns of a federal judge in Houston who ruled in July that the Deferred Action for Childhood Arrivals program was illegal. It takes on heightened importance as prospects for legislation have dimmed.
U.S. District Judge Andrew Hanen, an appointee of President George W. Bush, said the Obama administration overstepped its authority and did not properly seek feedback when it introduced DACA in 2012. He allowed for renewals to continue but prohibited new enrollments. The Biden administration is appealing. In the meantime, the new rule would solicit public comment to address the issue raised by Hanen.
The Obama administration created DACA via a memo issued by thenHomeland Security Secretary Janet Napolitano. It was intended as a stopgap measure until Congress legislated a permanent solution, which never occurred.
President Donald Trump tried to rescind the DACA memo and end the program, but the Supreme Court concluded he did not go about it properly.
In attempting to shore up DACA through a formal rule – which is a more rigorous process than the original memo, though still not legislation – the Biden administration hopes to gain a stamp of approval from the courts.