Is Pr3sident Biden’s DACA Regulation Enough?

Official White House Photo

Earlier this week, the Biden administration issued a regulation “to Preserve and Fortify” the Deferred Action for Childhood Arrivals (DACA) policy.  It goes without saying that DACA has been subject of litigation and controversy.  The policy has been in limbo sine the Supreme Court in 2020 rejected the Trump administration’s effort to end the policy. After the decision the Trump administration stopped accepting new applications; a court rejected the Biden administration’s attempt to again accept new DACA applications.  The current bar on new DACA applications has significantly limited the scope and impact of the policy.

Nicole Narea for Vox comments that the regulation

“is far from a perfect fix. While the more than 450-page final rule, effective October 31, would formally codify DACA as a federal regulation, it will offer current `DREAMers’ — unauthorized immigrants who came to the US as children — little immediate protection. It also doesn’t allow any new DACA applications for now, narrowing its impact to the more than 600,000 people currently enrolled in the program.”

Immigrant advocates were disappointed that the regulation does not permit new DACA applications and expressed the need for legislation to protect young immigrants.

The “Statement by President Joe Biden on Strengthening Protections for Dreamers” does not say anything about new DACA applications.

KJ

UPDATE (Aug. 28):  Here is a FAQ on the new DACA rule from Penn State and Cornell law schools immigration centers and the President’s Alliance on Higher Education and Immigration.