On Wednesday of last week, the Biden administration published
a final rule designed to preserve and fortify the DACA program.
The rule replaces the original policy guidance that was established
by President Obama in 2012, clarifying the age
cut off for DACA applicants, when they must have entered
the United States, and eligibility for work permits.
But does this new policy go far enough to protect Dreamers?
And will it help millions of young people who were brought into the country
as children, but yet are not protected by the program?
Keep watching because we are going to answer these questions right now.
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So what exactly does the new DACA rule say and how does it help Dreamers?
The primary goal of the rule is to improve its legal
standing as it comes under attack by federal courts.
The Biden administration replaced the original memo
from 2012 with a registered federal regulation,
which will put it on even stronger footing, according to Homeland
Security Secretary Alejandro Mayorkas.
On the day it was posted, USCIS announced that this final rule
is in response to more than 16,000 comments received
during the public comment period and will:
maintain the existing thresholds criteria for DACA, retain
the existing process for DACA requestors to seek work authorization,
and affirm the longstanding policy that DACA is not a form of lawful status,
but that DACA recipients are considered lawfully present for certain purposes.
This means that the rule largely remains the same as it was
before, with a few minor differences, such as the clarification
that expunged convictions, juvenile delinquency adjudications, and immigration
related offenses characterized as felonies or misdemeanors under state laws
will not automatically make someone ineligible for DACA.
And the clarification that a Dreamer's work authorization
doesn't end if removal proceedings are started against them.
So what are some of the criticisms that the Biden administration is receiving
for this new rule?
Many immigration advocates are pointing out
that this was a failed opportunity to expand the DACA eligibility
criteria and cover younger immigrants who arrived over the past 15 years.
Under the current criteria, applicants must have been under age
31 as of June 15, 2012, and have continuously resided
in the United States since at least June 15, 2007.
By keeping the same requirements as the original program.
We will soon reach a date
when no new applicants will qualify for DACA protection at all.
According to a report published in May,
that means that most of the 100,000 undocumented high school students
who graduate this year will not even be eligible for the program.
When pressed about this, the Biden administration said
that changing the eligibility could incentivize additional migrants to come
to the United States, effectively capitulating to Republican talking points.
So with the new rule failing to expand eligibility and the program
coming under attack by the courts, what does the future hold for DACA?
The existence of the program
is currently being decided in the Fifth Circuit Court of Appeals,
which is widely considered
to be the most conservative court of Appeals in the country.
Oral arguments were heard in July, and the court
is expected to issue a final decision at any time.
If it rules against Dreamers, then the case will likely ends up
in the Supreme Court, where DACA's fate will be ultimately decided.
Congress could prevent the courts from determining DACA's future
if it voted on the DREAM Act and created legislation to protect Dreamers,
but has repeatedly failed to do so every single time it has been proposed.
Democrats had tried to pass immigration reform without Republican support
last year through the budget reconciliation process, but the Senate
parliamentarian ultimately ruled that this violated reconciliation rules.
There was still a possibility that Congress could act,
but it will likely require for Democrats to agree
to Republican border security measures as a compromise.
A recent poll showed that 72% of voters support the DREAM Act,
so the public overwhelmingly supports Dreamers' permanent protection.
What do you think?
Should the Biden administration have expanded the DACA requirements
with this new rule?
Will the fate of DACA be decided by the courts, or will Congress
finally vote on the DREAM Act?
Leave me a comment and let me know.
Congress is likely to pass some form of immigration reform this year,
and there are two bills in particular that they will vote on
before the end of 2022.
I'll include a link to that video here
and you can watch to see which of the two bills has the highest chance of passing.
I'll see you there!