Immigration

Biden Admin Drafts a Successor to DACA

SK Ashby
Written by SK Ashby

President Obama's Deferred Action for Childhood Arrivals (DACA) program has been in legal limbo ever since he left office. The Trump regime spent four years trying and failing to end the program, but Republicans finally found themselves a friendly judge who ruled that the federal government cannot accept new enrollments in the program.

The legal dilemma stems from the fact that DACA was created through executive order; it's not a formal regulation adopted by a federal agency.

To rectify the problem, the Biden administration now moving forward with making it a regulation.

The administration proposed a rule that attempts to satisfy concerns of a federal judge in Houston who ruled in July that the Deferred Action for Childhood Arrivals program was illegal, largely because the Obama administration bypassed procedural requirements when it took effect in 2012. The new rule mirrors the Obama-era initiative, recreating the 2012 policy and seeking to put it on firmer ground by going through the federal regulatory process.

U.S. District Judge Andrew Hanen, an appointee of President George W. Bush, said the Obama administration overstepped its authority and did not properly seek public feedback.

By making this a regulation rather than an order, it will be more difficult or at least more time consuming for Republicans to challenge or tamper with it.

Ideally, Congress would pass comprehensive immigration reform and remove the mystery from federal immigration policy that is largely left up to whoever controls the executive branch and the courts, but I think we can safely say that's never going to happen.

The only form of immigration acceptable to the Republican party is to have no immigration. The current iteration of the party will never vote for a better system. They prefer a broken system that is unnecessarily cruel and tedious.