New DACA Rule from the Biden Administration is Expected

The White House Office of Information and Regulatory Affairs posted a notice that it had received a draft rule intended to safeguard the Deferred Action for Childhood Arrivals (DACA) Program, and the 700,000 beneficiaries.

The notice from OIRA about the proposed rule, said “consistent with the presidential memorandum, DHS intends to engage in notice-and-comment rulemaking to preserve and fortify the program.” At this time, few details of the draft rule are available.

In July, US District Judge Andrew Hanen ruled that the DACA program was unlawful because Congress had never provided the executive branch with the powers to grant broad benefits to unauthorized immigrants in the United States. The ruling bars USCIS from processing new DACA applications, though permits the renewal of existing applications.

Following the ruling, President Biden said the Justice Department would appeal the ruling in an effort to preserve and secure the DACA program. He also echoed his earlier calls for Congress to pass the American Dream and Promise Act, noting their role in ensuring a permanent solution and path to citizenship for Dreamers.


Erickson Insights

Only Congress has the authority to grant DACA beneficiaries a pathway to citizenship. Citizenship for Dreamers and a number of other “human infrastructure” programs are part of a major piece of legislation that Democratic senators hope to pass through the budget reconciliation process, which requires only a simple majority to pass.

Erickson Immigration Group will continue to send updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.