WASHINGTON (NEXSTAR) – The Biden administration wants to save the Deferred Action Program for Childhood Arrivals (DACA) and has a new rule to reinstate it after a federal judge stopped new claims in July.
The judge ruled that the new nominations could no longer be accepted because the program was illegal, in part because Congress should create such a law, not a president.
“The reality is that dreamers have been on permanent ground for far too long,” said Senator Dick Durbin (D-IL).
The new rule proposed by the Department of Homeland Security would preserve the DACA.
“The rule relates to DACA policy as announced in the 2012 Napolitano memorandum and based on long-standing USCIS practice. The rule embraces the consistent judgment that has been upheld by the department – and by three presidential administrations since the policy was first announced – that DACA recipients should not be a priority for removal, ”wrote DHS. “DHS welcomes public comments on the proposed rule, including legal and policy considerations, and suggestions for alternative approaches. Once the public comment period is over, DHS will carefully review and review all properly submitted comments before issuing a final rule. “
Lawmakers from both parties say they support the dreamers.
“The parents broke the law but I don’t think it’s fair to say the kids broke the law and that’s why I don’t think they should be kicked out,” said Senator Chuck Grassley ( R-IA).
“They’ve lived here for 10 to 15 years – 20 years – they have no status,” said Senator Shelley Moore Capito (R-WV), “so a path to citizenship for them is fine with me.”
But the DREAM Act has still not passed 20 years after its introduction. Immigration advocates now want Democrats to push through immigration reforms this year with only Democrats’ support. The Senate parliamentarian recently overturned the idea, but Democrats may try again.
“Senate leaders return to parliamentarians with different alternatives, including for example not reforming the entire immigration system but using existing law,” said Marielena Hincapie of the National Immigration Law Center.
One idea is to reset the clock on who is eligible to apply for green cards based on their arrival in the United States.
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