CBS Information reports that in issuing his ruling towards the DACA program this previous summer time, Hanen “stated the coverage ought to have been enacted via a federal regulation open to feedback from the general public, not a Division of Homeland Safety memo.” Whereas the Biden administration’s proposed rule will open for public remark for a interval of 60 days starting Sept. 28 (I’ll observe up with a hyperlink when that’s up and operating), immigration coverage specialists highlighted the general “uncertainty” across the case.
“Decide Hanen dominated that, in essence, DACA is against the law—regulation or no,” tweeted American Immigration Council Coverage Counsel Aaron Reichlin-Melnick. “However that is on attraction, so DHS desires feedback on ‘how, if [Hanen is] right, these conclusions ought to have an effect on this rulemaking.’” Moreover, civil rights litigator Karen Tumlin, among the many authorized advocates who fought in court docket to avoid wasting the coverage, stated there are some regarding features to the proposed rule itself.
“I confess I have not made it via the 205 pages, however there are some regarding elements on an choice to probably sever work authorization from this system and permit DACA recipients to use just for safety from deportation with out work authorization,” she tweeted. “DHS is mainly recognizing that the work allow portion of DACA may probably be struck down, and saying that they suppose if that occurs they could nonetheless be capable to shield individuals with DACA from being arrested and deported,” Reichlin-Melnick noted.
Public remark provides a chance for each affected immigrants and allies to voice their full-throated help for the DACA program, which has allowed nearly 830,000 young immigrants to work legally and reside freer from the specter of deportation. “DHS welcomes public feedback on the proposed rule, together with authorized and coverage issues, and recommendations for various approaches,” DHS stated. “Following the completion of the general public remark interval, DHS will evaluate and punctiliously contemplate all correctly submitted feedback earlier than issuing a remaining rule.”
However even Mayorkas acknowledged in his assertion that everlasting aid is in the end as much as legislators, and notably inspired “the inclusion of immigration reform within the reconciliation invoice and urge Congress to behave swiftly to offer Dreamers the authorized standing they want and deserve.”
Whereas Senate staffer and parliamentarian Elizabeth MacDonough’s nonbinding opinion earlier this month opposed the primary plan put ahead by congressional Democrats, legislators have said they’ve alternate options to current to her. Vox’s Nicole Narea reports one possibility “is to replace the ‘immigration registry.’ Below the registry, if an immigrant has been residing within the US since earlier than a sure date, they’re eligible to use for everlasting residence beneath federal regulation, no matter whether or not they overstayed a visa or entered the US with out authorization. However that date hasn’t been up to date in many years. It’s currently January 1, 1972.”
An alternative choice, advocates have additionally stated, is for Senate Democrats to unite to overrule MacDonough’s nonbinding opinion. I imply, recall how Congressional Republicans united to vote towards COVID-19 aid earlier this 12 months. “Senators are free to run their chamber as they see match. Elizabeth MacDonough isn’t their boss—it is the opposite approach round,” Each day Kos’ David Nir noted in July. Democrats should bear in mind they’ve made a promise to tens of millions of households—they usually want to maintain that promise.
“For a second, there was like a sheet of sunshine that shined via the darkish instances—and it was like, ‘OK, issues are actually going to get higher now,'” DACA recipient Frida Adame told CNN following Hanen’s ruling. “However then with this ruling, the sunshine that was going via simply dimmed and now it is darkish once more … We have now completely no concept of what is going to occur subsequent and that is scary.” DACA recipient Ju Hong additionally told CNN on the time that “[w]e want the Biden administration and the Democratic Congress to return via on their guarantees to ship citizenship for all, for everybody, so we do not have to be on this limbo each two years. We’re uninterested in residing like this—with this worry, anxiousness and stress. I can not wait any extra. Sufficient is sufficient.”
“My household has lived within the U.S. for 17 years, not within the shadows, however unprotected,” Diana Bautista instructed Vice President Kamala Harris throughout a White Home assembly following Hanen’s resolution, ABC8 Information reported. “We maintain getting let down, time and again.” Whereas she utilized for DACA months earlier than Hanen’s ruling, her purposes turned one of many tens of 1000’s of first-time kinds blocked by the choice.