The Biden Administration has finalized a rule that codifies into regulation the Obama-era “Deferred Action for Childhood Arrivals (DACA)” program. The final rule is substantially similar to the proposed rule published by the Administration back in September of last year. By codifying the DACA program into regulation, the Administration hopes to give the program stronger standing to survive legal challenges.
The legal debate surrounding the future of the DACA program, however, is far from over. For example, even before the proposed rule was published last year, a federal trial court permanently enjoined the Department of Homeland Security (DHS) from approving any new or pending DACA applications under the program. That decision is currently pending appeal before the Fifth Circuit Court of Appeals.
In fact, even DACA’s strongest supporters acknowledge that whether the DACA program ultimately survives rests with the U.S. Congress in the form of federal legislation, an action that Congress has been unwilling to accomplish thus far.
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