With Key Case Looming in a Texas Court, Department of Homeland Security Moves to “Preserve and Fortify” DACA

According to a report from CBS News, the Biden Administration is safeguarding DACA. Citing an Executive Order from the president, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas has issued a proposed rule that will help to “preserve and fortify” DACA.

Notably, a Texas court is expected to release an important decision in a DACA case in the coming days or weeks. In this article, our Los Angeles DACA attorney provides an overview of the proposed DHS rule, the Texas court cases, and what it means for the future of the program.

Deferred Action for Childhood Arrivals (DACA): Proposed DHS Rule

On March 26th, 2021, the Department of Homeland Security issued an official statement confirming that the agency will issue a “a notice of proposed rulemaking to preserve and fortify DACA”. As reported by the CBS News, the proposed rulemaking is likely to address the concerns of a federal judge in Texas who is set to issue a ruling in a key decision in a DACA case. The specific contents of the proposed rulemaking have not yet been released to the public.

Texas Attorney General is Suing to End DACA

Texas Attorney General Ken Paxton is currently suing to end DACA. Among other things, Texas is arguing that the Obama administration failed to comply with proper federal rule-making processes and procedures. The federal judge overseeing the case—Judge Andrew Hanen of the United States District Court for the Southern District of Texas—has previously ruled against DACA in a similar case. The Biden Administration’s recent proposed rules are designed to address Judge Hanen’s early concerns to help ensure that DACA protections are preserved.

Procedural Fights Over DACA Continue—a Permanent Solution is Needed

It is still unclear how the Texas federal judge will rule on the case. If the federal judge rules against DACA, the Biden Administration is expected to initiate an immediate appeal. Once again, DACA could be headed for another procedural fight. Since the program was created, DACA has been subject to a seemingly never-ending procession of litigation.

DACA was always designed to be a temporary, stop-gap measure. A more permanent and comprehensive solution is necessary. In March, the United States House of Representatives passed the American Dream and Promise Act. If signed into law, the bill would allow DACA recipients—and some other undocumented immigrants—to apply for a ten-year conditional permanent residency. Unfortunately, there is no guarantee that the American Dream and Promise Act will be signed into law. The legislation faces some significant hurdles in the divided United States Senate.

Call Our Los Angeles, CA DACA Lawyer for Immediate Help

At Goldstein Immigration Lawyers, our California immigration attorneys have deep experience and expertise assisting clients with DACA applications and DACA renewals. If you have questions, we have answers. Call us now for a strictly private review and evaluation of your DACA case. From our legal office in Los Angeles, our immigration law firm handles DACA cases throughout the region.

Josh Goldstein
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