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Biden administration proposes rule to codify DACA

Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, said he supports Congress including immigration reform in its reconciliation bill. Photo by Al Drago/UPI
Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, said he supports Congress including immigration reform in its reconciliation bill. Photo by Al Drago/UPI | License Photo

Sept. 27 (UPI) -- The Biden administration on Monday proposed a new rule that would strengthen the Deferred Action for Childhood Arrivals program two months after a judge in Texas ruled the migrant program is illegal.

The Department of Homeland Security said the proposed rule modifies the existing filing process for DACA recipients, and codifies and clarifies the department's information sharing and use policy.

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"The Biden-Harris administration continues to take action to protect Dreamers and recognize their contributions to this country," Homeland Security Secretary Alejandro Mayorkas said.

"This notice of proposed rulemaking is an important step to achieve that goal. However, only Congress can provide permanent protection. 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 judge in July ordered the Biden administration to stop granting new DACA applications after ruling that the program is illegal because states face irreparable harm by bearing the extra costs of providing healthcare, education and law enforcement protection to recipients. Texas and eight other states sued the federal government in 2018 seeking an end to DACA.

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The Biden administration promised to appeal the decision by the Texas judge and said it planned to solidify the program through new rule making.

DACA protections undocumented immigrants brought to the United States as children and allows them to avoid deportation and receive renewable work permits.

The Department of Homeland Security's proposed rule will be open for a 60-day public comment period.

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