Sunday, August 28, 2022

From Roll Call: Biden administration issues final rule on protections for ‘Dreamers’

A part of executive power involves the rulemaking - which allows the executive to determine how it will enforce a law passed by the legislature. Here is a current example.

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The Biden administration finalized a rule Wednesday to fortify the Obama-era Deferred Action for Childhood Arrivals program as it faces legal challenges, aiming to preserve protections for hundreds of thousands of “Dreamers.”

The rule, set to go into effect Oct. 31, codifies into federal regulation the 2012 program that shields more than 600,000 undocumented immigrants from deportation and allows them to work legally in the U.S. For the past 10 years, the program has been governed by a Department of Homeland Security memorandum.

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” Homeland Security Secretary Alejandro Mayorkas said in a news release. “Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country.”

The final rule unveiled Wednesday is similar to a proposed rule DHS released in 2021. There are some minor changes, such as a clarification that expunged criminal convictions and immigration offenses are not automatic disqualifiers for the program. DHS received 16,361 comments during the rule’s public comment period.

- Biden administration
- finalized a rule
- Deferred Action for Childhood Arrivals (DACA)
- legal challenges
- codifies
federal regulation
undocumented immigrants
deportation
Department of Homeland Security
memorandum
Homeland Security Secretary Alejandro Mayorkas
final rule
proposed rule
expunged
criminal convictions
immigration offenses
16,361 comments
public comment period
Eligibility requirements
“lawfully present.”
Judge Andrew Hanen
U.S. District Court for the Southern District of Texas
struck down the program
Department of Homeland Security lacked authority to implement
Enshrine protections into law
budget reconciliation package
Senate parliamentarian.
House passed a bill
the Senate has not considered that bill.
Sen. Richard J. Durbin, D-Ill
chairman
Senate Judiciary Committee
Congress
Mario A. Carrillo
America’s Voice
a permanent legislative fix