Biden administration moves to preserve DACA after court ruling


The Biden administration on Monday announced plans to create a rule that would recreate the Deferred Action for Childhood Arrivals (DACA) policy after a Texas court found the Obama-era program unlawful and suspended the ability of "Dreamers" to apply for protections.

The Department of Homeland Security announced the forthcoming rule would "preserve and fortify" the DACA program by seeking to address concerns over how it was implemented.

"The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country,” Homeland Security Secretary Alejandro MayorkasBiden administration moves to preserve DACA after court rulingAlejandro MayorkasSunday shows - All eyes on spending votes DHS secretary: We are working in a 'completely broken' immigration system DHS secretary says Haitian migrant crisis is 'nothing new' MORE said in a statement.

“This notice of proposed rulemaking is an important step to achieve that goal. However, only Congress can provide permanent protection," Mayorkas added. "I support the inclusion of immigration reform in the reconciliation bill and urge Congress to act swiftly to provide Dreamers the legal status they need and deserve."

A federal district judge in Texas ruled in July that the 2012 DACA program violated the Administrative Procedures Act. The decision left intact the program’s benefits for some 600,000 people otherwise unable to obtain legal status after being brought to the U.S. as children. But it blocked any future applications, leaving thousands of young immigrants in limbo.

The Biden administration appealed the decision earlier this month.

The fate of Dreamers has been in limbo for years. Former President TrumpBiden administration moves to preserve DACA after court rulingDonald TrumpCheney says a lot of GOP lawmakers have privately encouraged her fight against Trump Republicans criticizing Afghan refugees face risks DeVos says 'principles have been overtaken by personalities' in GOP MORE sought to terminate the DACA policy in 2017, but it remained hung up in the courts after it was ruled the administration did not properly move to do so. President BidenBiden administration moves to preserve DACA after court rulingJoe BidenPelosi sets Thursday vote on bipartisan infrastructure bill Pressure grows to cut diplomatic red tape for Afghans left behind President Biden is making the world a more dangerous place MORE signed an executive order upon taking office to strengthen the program, but officials have acknowledged Congress must enact a permanent fix.

Those efforts took a hit this month when the Senate's parliamentarian, Elizabeth MacDonough, ruled against Democrats' plan to provide 8 million green cards as part of their $3.5 trillion spending bill, dealing a significant blow to the party's immigration reform chances.

Updated at 9:42 a.m.