Recently, on August 24, the Biden administration released a new rule aimed at codifying the Deferred Action for Childhood Arrivals program, or DACA program.

The DACA program was implemented as a federal government ordinance that grants the children of undocumented immigrants the right to education, as well as prevents deportation and stipulates a period of two years, which can be renewed, to obtain a work authorization document. This measure does not guarantee people the right to obtain citizenship. To do so, it would be necessary to create specific legislation for this purpose, allowing eligible young adults who came to the US as children to work and study without fear of deportation.

DACA has been around for 10 years but has been closed to new filings since July 2021, when the program was ruled illegal by Texas Federal Judge Andrew Hanen, although he agreed to leave the program intact for those already benefiting. him during the appeal period. In the decision, Hanen argued that then-President Barack Obama did not have the authority to create DACA, as it bypassed Congress. There was jointly a lawsuit brought by Texas and other Republican-led states to the 5th US Circuit Court of Appeals. Former President Donald Trump tried to shut down the program but was blocked by the Supreme Court.

The new rule on DACA isn’t scheduled to take effect until October 31. There is little change from the 2012 memo that created DACA, but it’s intended to improve its chances of surviving legal battles. However, immigration advocates from several national organizations were disappointed the new rule does not extend DACA to more immigrants. For them, only new congressional legislation would create a permanent path to legalization for eligible young immigrants.

According to the NBC News, Juan Carlos Cerda, deputy campaign director of the American Business Immigration Coalition, declared: “While we recognize DHS’s efforts to preserve and fortify the DACA program, we believe that this final rule is not enough to protect DACA recipients like me. Now is the time to build on the successes of DACA and pass bipartisan legislation that provides a path to citizenship to DACA recipients and other Dreamers”.

“These regulations are essential, but laws are for lasting change”, said American Immigration Lawyers Association President Jeremy McKinney. “We need Congress to pass legislation permanently protecting all Dreamers — not just those who qualify for DACA under these regulations, but also the many others who have lived for years in legal limbo. That is the true solution here”, according to the same publication.

The group added that “xenophobic and racist rhetoric — underscore the deep need for President Biden and Congress to create permanent protections for immigrant communities”.

Over 611,000 people are currently enrolled in DACA, according to government figures. Almost 500,000 are from Mexico.

With the end of the program, beneficiaries can suffer serious damage and family destabilization as they must leave the only country that many of them know. According to a dossier filed by the advocates, according to NBC, “they are the parents of more than a quarter of a million US citizens, and 70% of DACA recipients have an immediate family member who is a US citizen”.