Biden Admin. Unveils New DACA Rules For Migrants

Today, September 27, 2021, the U.S. Department of Homeland Security unveiled new DACA rules  (Deferred Action for Childhood Arrivals) program, on Monday, aiming to fortify immigration protections for millions of people brought to the U.S. as children.

The Biden administration and Homeland Security Secretary Alejandro Mayorkas said the proposal aims to strengthen DACA, the Obama-era immigration program which offers work permits and protection from deportation for those who grew up in the U.S. after having been brought here as children. But he noted that giving so-called Dreamers legal status would require a legislative rather than regulatory change.

The Department of Homeland Security on Tuesday will publish a 205-page proposed rule in the Federal Register recreating the Deferred Action for Childhood Arrivals program, known as DACA, following a federal judge’s decision this summer that it was illegal.

“The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country,” DHS Secretary Alejandro Mayorkas said in a statement issued Monday morning. “This notice of proposed rulemaking is an important step to achieve that goal. However, only Congress can provide permanent protection.”

DACA was created by then-DHS Secretary Janet Napolitano in 2012 through a memorandum. The U.S. District Court for the Southern District of Texas recently declared it invalid, prompting Mayorkas to reintroduce the program through a lengthier process that is meant to fend off future legal objections. This story is developing and will be updated.