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Proposed DACA Rule Is a Positive Step, But Not a Permanent Fix

WASHINGTON, D.C. — The Biden administration is moving forward this week with a proposed rule to re-create Deferred Action for Childhood Arrivals (DACA) through formal “notice-and-comment” rulemaking.    

The new DACA largely would resemble the original in terms of eligibility requirements. However, the use of the formal rulemaking process is intended to address concerns about DACA’s creation in 2012, raised by ongoing legal challenges to the program.   

In the absence of permanent legislation, the new DACA rule could still be halted by the federal courts, or be reversed by a future presidential administration, as former President Trump unsuccessfully attempted when he was in office. Even with the issuance of the proposed rule, much remains uncertain, even for current DACA recipients. 

The proposed rule will enter a 60-day public comment period before going into effect.  

“It’s good to see the administration recognize how critical DACA recipients are to our nation and take action to bolster protections for them,” said Ali Noorani, President and CEO of the National Immigration Forum. “A more formalized version of DACA will stabilize the lives of DACA-eligible Dreamers  but legislative action is still needed to fully solidify DACA recipients’ contributions, expand protections to other Dreamers and build a pathway to permanent legal status.  

“Formalizing DACA is a positive step, but it’s not a permanent fix. This development is yet another reminder that Congress must act.” 


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