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The Biden Administration Takes New Steps To Save DACA

Late last year, we made a blog post about  DACA, the Obama-era program that protects undocumented people brought into the united states as children from been deported.

You can find the post here the blog post details all you need to know about the DACA program.

As we will all agree, time happens to all things even to programs like DACA.

So this Monday, Biden’s administration announced that it would take new steps to save DACA. It should be noted that prior to this announcement, the DACA program has been caught up in legal battles for years.

For example, just recently, precisely in July 2021, a Federal Judge in Texas ruled that the program was unlawful because the government failed to follow the prescribed procedures required to create programs like it.

The Judge went on to block the government from accepting new DACA applications but allowed the program to continue for immigrants already enrolled in it.

A Breath Of Fresh Air?

Just as the announcement cited, the Biden Administration will take new steps to save 

DACA. It further explained that the government seeks to recreate the Deferred Action for Childhood Arrivals program as a formal policy.

What Next?

On Monday, Homeland Security Secretary Alejandro Mayorkas said in a statement that the proposed rule was an important step in the right direction towards formalizing the policy but that ultimately Congress had to take action to protect the program.

He went on to explain that only Congress can provide permanent protection. He went on to urge Congress to act swiftly to provide the American Dreamers the legal status they need and deserve.

On the other side of the divide, Democrats are pushing to include sweeping immigration reform, including a pathway to citizenship for DACA holders, in their $3.5 trillion spending plan.

 Implications Of The New Rule

According to the new rule, one will need to meet these criteria to  qualify for DACA:

  • Have arrived in the United States before they turned 16
  • Have continuously lived in the United States since June 15, 2007
  • Are currently enrolled in school or have graduated
  • Haven’t been convicted of a felony
  • Don’t pose a threat to public safety or national security.

The government-backed proposal was posted in the Federal Register on Monday and it will be open for a 60-day public comment period.

Do you have any questions about the DACA program or do you have any immigration questions?  Please give us a call today at 904-999-4928 or send us an email at 

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The content provided on this blog is for informational purposes only and does not constitute legal advice. Readers should not act upon any information presented on this blog without seeking professional legal counsel. The opinions expressed at or through this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please consult with an attorney regarding your specific legal situation.

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