WASHINGTON – The Biden administration on Monday renewed efforts to shield hundreds of thousands of immigrants who came to the United States as young children from deportation, the latest maneuver in a long-running drama over the policy's legality.
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, re-creating 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. He allowed for renewals to continue but prohibited new enrollments. The Biden administration is appealing.
The 205-page proposal solicits public feedback to address Hanen's concern, though it is unclear if that would be enough.
The proposed regulation will be published today in the Federal Register, triggering a 60-day comment period and ensuring that it is unlikely to take effect for several months.
The office of Texas Attorney General Ken Paxton, who challenged DACA with eight other states before Hanen, did not immediately respond to a request for comment.