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a rule to shield “Dreamers” – The Denver Post – Denver, Colorado

Denver, Colorado 2021-09-27 14:19:15 –

ELLIOTSPAGAT

The Biden administration proposed on Monday to renew its efforts to protect hundreds of thousands of immigrants who came to the United States as young children from deportation and to do so through regulation.

The proposed rule seeks to meet the concerns of a federal judge in Houston who ruled in July that the childhood arrival deferral program was illegal. It is becoming more and more important as the legislative outlook is diminishing.

Judge Andrew Hanen of the US District Court, who appointed President George W. Bush, said that when the Obama administration introduced DACA in 2012, it went beyond its authority and did not seek appropriate feedback. The Biden administration is fascinating. Meanwhile, the new rules will seek public comments to address the issues raised by Hanen.

The Biden administration has announced this move as Democrats in Parliament are struggling to include immigration clauses in their $ 3.5 trillion social and environmental initiative package for 10 years. The wording of the bill, which illegally helps millions of US immigrants, is the number one goal of progressive and immigrant-supporting lawmakers, and Democrats can’t afford to lose a lot of votes.

However, a nonpartisan parliamentarian in the Senate said earlier this month that the immigration clause could not be left in a drastic bill because it violated the Chamber of Commerce’s budget rules.

The Obama administration created DACA through a memo issued by then Secretary of Homeland Security Janet Napolitano. This was intended as a temporary measure until Congress legislated a permanent solution, but this never happened.

Also, because DACA is not a product of law, it falls into the category of policies that can be easily changed from one government agency to the next. President Donald Trump tried to cancel the DACA memo and end the program, but the Supreme Court concluded that he did not proceed properly with it.

The Biden administration wants to get a stamp of legal approval from the court when trying to strengthen DACA through formal rules (a stricter process than the original memo, but not yet a law). increase.

It’s unlikely, but the Supreme Court may be asked to weight again unless Congress acts first.

Homeland Security Secretary Alejandro Mallorcas again called on Congress on Monday to act swiftly to provide “the legal status they need and deserve.” He said the bill should be enacted through spending negotiations, a tactic banned by senators.

“The Biden Harris administration continues to act to protect the Dreamers and recognize their contribution to the country,” Mallorcus is a term commonly used by immigrants who came to the United States with their parents as young children. Said using. “This notification of the proposed rule creation is an important step in achieving that goal.”

The Democratic House of Representatives passed the bill earlier this year, creating a way for Dreamers to become legal permanent residents, but the bill is nowhere in the Senate, where Republicans have blocked it and bipartisan talks have stalled. I did not go. The Senator’s ruling further weakened the legislative outlook. Proponents have stated that they will offer alternative immigration provisions in the hope that the bill will allow them, but it is not clear if that will succeed.

Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School, said the administration’s proposal has not changed significantly and is “an effort to protect existing programs from litigation challenges.”

The 205-page proposal will be published in the official bulletin on Tuesday, triggering a 60-day period for public feedback and ensuring that it is unlikely to be valid for several months. It complies with the same criteria, including arriving in the United States before the age of 16, continuing to reside in the United States after arrival, and staying in the United States on June 15, 2012.

Since 2012, more than 825,000 migrants have registered with DACA.

Spagat contributed from San Diego. Associated Press reporters Mark Sharman and Alan Fulham contributed from Washington.

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