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Biden’s DHS Tries To Protect DACA After Texas Federal Judge Strikes It Down

By News Creatives Authors , in Business , at September 27, 2021


The Department of Homeland Security (DHS) on Monday said it is moving forward to re-create the Deferred Action for Childhood Arrivals (DACA) policy that shields some young immigrants from deportation after a federal judge in Texas found the Obama-era program to be illegal.

Key Facts

DHS will make a rule that would bring back the DACA policy, which a federal judge in Houston ruled in July was unlawful and barred the government from receiving new recipients.

DHS’ new rule would “preserve and fortify” the DACA policy, the department said in a statement.

An analysis by the DHS reportedly says the costs of running the DACA program are “unlikely to be significant, and it may well have a positive net effect” on states, according to the Wall Street Journal.

As of March, there were around 610,000 active DACA recipients, also known as Dreamers, according to the U.S. Citizenship and Immigration Services.

Crucial Quote

“This notice of proposed rulemaking is an important step to achieve that goal,” Homeland Security Secretary Alejandro Mayorkas in a statement. “However, only Congress can provide permanent protection.”

Key Background

Earlier this month, the U.S. Justice Department filed an appeal in response to the Texas federal court ruling that said the DACA policy was illegal. The ruling was made on the grounds the policy didn’t receive congressional authorization. In 2017, Texas and other Republican-led states challenged the legality of DACA, saying implementing the policy was beyond the president’s authority. They also said the program did not take into account the financial burden it would have on states to issue driver’s licenses, among other documents. Recipients eligible for the DACA program are immigrants who illegally arrived in the country by 2007 before they were 16 years old. The program provides Dreamers temporary protection from deportation and renewable two-year working permits for a fee. It also allows recipients to return to the U.S. without getting blocked by immigration in the event they travel abroad.


The program has faced headwinds since it was implemented in 2012. Former President Donald Trump attempted to end the program in 2017 but failed when the Supreme Court stopped him from doing so. President Biden signed an executive order to strengthen and preserve the program in January.

What To Watch For

DHS will open a 60-day period to gather public feedback about the proposed rule, the department said in a statement.

Further Reading

Biden Administration Appeals Ruling On DACA Ban (Forbes)

Biden Vows To Appeal Texas Judge’s DACA Ban — Here’s What Happens Next (Forbes)


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