This August, the White House will release a final rule on Deferred Action for Childhood Arrivals (DACA). DACA has been subjected to several legal challenges, namely by states like Texas, who argue that DACA brings unnecessary work onto the government, causing economic losses and increasing government resources used. Several majority Republican states joined Texas in taking the federal government to court over DACA in May 2018. In July 2021, U.S. District Judge Andrew Hanen of the Southern District of Texas ruled that DACA was unlawful, and that then-President Barack Obama had overreached presidential power when he established DACA by executive action in 2012. Judge Hanen ordered the Department of Homeland Security (DHS) and DHS’s subagency U.S. Citizenship and Immigration Services (USCIS) to cease granting benefits to new DACA applicants. The Biden administration asked the Fifth Circuit Court of Appeals, which has authority over the U.S. District Court for the Southern District of Texas, to overturn the Texas court ruling. The administration now seeks to reinstate DACA through its proposed rule. "The administration's release of the DACA final rule underscores that there are hundreds of thousands of undocumented youth who are American in every way but for paperwork.” David W. Leopold of Ulmer & Berne LLP's told Law360.com. The news on the final rule comes shortly after the White House’s June 15, 2022 statement celebrating the contributions of DACA holders on the ten-year anniversary of DACA being released. “DACA has profoundly improved the lives and economic circumstances of individual recipients and their families—and by extension, the communities in which they live, and our country as a whole.” According to the release, approximately 343,000 of DACA holders, of which approximately 825,000 exist, are essential workers. Between 2012 and 2016, the number of DACA holders with a bachelor’s degree tripled, DACA holder professional job attainment increased 34%, and incomes of DACA holders more than doubled. Yet, it cannot be understated how DACA has always been held together by presidential action only, whether by executive order or administrative rule. Homeland Security Secretary Alejandro Mayorkas himself acknowledges that, without congressional action, DACA remains vulnerable to getting blocked once more. With August fast approaching, the proposed rule, now open up for public comment, provides insight into what the final rule may include. If you or a loved one have questions regarding your DACA status or immigration matter, contact Ibrahim Law Office for a consultation today.
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