Earlier today, U.S. District Judge Andrew Hanen deferred ruling on the future of the Deferred Action for Childhood Arrivals (“DACA”) program.
After hearing arguments from both sides in this closely watched, high profile case, Texas v. U.S., Judge Hanen extended the deadline for the filing of crucial papers to April 9, 2021.
The lawyers representing the State of Texas and various other co-plaintiffs have implored Judge Hanen to hastily invalidate DACA. The DACA recipients implored the judge to delay issuing any new court orders while efforts to fortify DACA through legislation remained ongoing in Congress.
For more on Texas v. U.S., see our blog post here.
DHS to Publish a Proposed Rule to Fortify and Preserve DACA
On March 26, 2021, the U.S. Department of Homeland Security released a statement noting its intention to issue a "notice of proposed rulemaking to preserve and fortify DACA."
This rule will likely address one of Judge Hanen's concerns that DACA should have been implemented through the standard regulatory process involving public comment before the policy took effect.
DHS Secretary Alejandro Mayorkas commented that the move was an important step in line with President Biden’s memorandum. However, he noted that "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."
Such stopgap measures are welcomed while the fate of DACA is being determined in Congress.
The American Dream and Promise Act
The American Dream and Promise Act was recently passed in the Democrat-dominated House. If the bill is successfully passed in the Senate, DACA and TPS (Temporary Protected Status) beneficiaries would obtain a legal path to permanent resident status.
The bill faces an uncertain future in the Senate, as many Republicans are reluctant to support such sweeping immigration reform. For the bill to be passed, the Democrats require 60 supporting votes.
Follow us to keep abreast of the latest immigration news as the DACA program's fate is decided.
We assist countless foreign nationals and we will be happy to personally assist you with your application as well. Send us an E-mail or call us at (888)354-6257. For reasons on why you should consult an immigration attorney whenever you have an immigration issue, see our page titled: Reasons Why it is Vital to Use an Immigration Lawyer.