Preserve and fortify DACA

30 March 2021
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President Biden issued a memo on January 20, 2021, his first day in office, directing the Secretary of Homeland Security, in consultation with the Attorney General, to take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.

On Friday, March 26, 2021, the Secretary of Homeland Security Alejandro N. Mayorkas released the following statement announcing that DHS will issue a notice of proposed rulemaking to preserve and fortify DACA:

“We are taking action to preserve and fortify DACA. This is in keeping with the President’s memorandum. It is an important step, but only the passage of legislation can give full protection and a path to citizenship to the Dreamers who know the U.S. as their home.”

On March 19, 2021, after the passage of the House, Judge Andrew Hanen of the U.S. District Court in Houston issued an Order setting a Status Conference hearing for March 30, 2021 (tomorrow), to address, among other topics, “how, if at all, the American Dream and Promise Act will impact the substantive and procedural aspects of the litigation. Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, and Kansas have asked Hanen to end the program, arguing it is unlawful.

Counsel for the Federal Defendants will be prepared to discuss this issue. Additionally, the Department of Homeland Security has informed counsel for the Federal Defendants that the agency intends to issue a Notice of Proposed Rulemaking proposing a new regulation concerning Deferred Action for Childhood Arrivals (DACA), consistent with the President’s Memorandum of January 20, 2021. Because the issuance of regulation following evaluation of comments would impact the claims before the Court, the Federal Defendants respectfully provide this notice.

The Democratic-controlled U.S. House of Representatives last week passed a bill providing a pathway to citizenship for Dreamers, but the legislation faces an uncertain future in the deeply divided Senate.

I feel optimistic that the Dream Act of 2021 will be enacted allowing DACA recipients to gain a path to U.S. Citizenship.

POSTED BY: Mara Montini

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Tags: DACA, The American Dream and Promise Act




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