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Proposed DACA rule offers stability, as doors close in Congress

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Rachel Rhodes

The Office of Management and Budget completed its review of a proposed rule to preserve deportation protections for an estimated 700,000 ‘Dreamers.’


Stephen Yale-Loehr

Professor of Immigration Law

Stephen Yale-Loehr, an immigration law professor at Cornell Law School and co-author of a leading 21-volume immigration law series, says the new rule, which could publish any day now, would put Dreamers and the DACA program on more solid legal footing.

Yale-Loehr says: 

“The proposed rule becomes more important now that the Senate parliamentarian has ruled that legalization provisions for DACA recipients can’t be included in the budget reconciliation bill. While Democrats will try to find other ways to provide a path to a green card for Dreamers, the proposed rule could be a temporary safety net if legislation fails. 

“In July, a federal district judge in Texas ruled that the DACA program, started in 2012 by then-President Obama through an executive action, violated procedural rules. The new proposed rule would correct that problem.

“People will have a chance to comment on the proposed rule after it is published in the Federal Register. Thus, it will still take several months for the Biden administration to finalize the rule. And even after a final rule, conservative states could challenge the new regulation on the merits. Still, the proposed rule shows that the Biden administration is committed to continuing the DACA program.” 

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