As expected, the Biden Administration has formally published a proposed rule that would codify into regulation the Obama-era “Deferred Action for Childhood Arrivals (DACA)” program. The content of the proposed rule essentially incorporates the original DACA program that was implemented by the Obama Administration in 2012, but this time attempts to overcome procedural deficiencies in its establishment which led a federal court to rule recently that the program was unlawfully implemented.
DACA was established by executive action taken during the Obama Administration in order to permit migrants who entered the country unlawfully as young children – typically brought here by their parents – to obtain employment authorization documents that allow them to lawfully work and avoid deportation for a renewable two-year period.
The DACA program has been subject to various legal challenges in court among other things on grounds that it was implemented without complying with federal rulemaking procedures. In the most recent relevant development, a federal court in Texas agreed, finding that the Obama Administration exceeded its authority when it established the program.
Members of the Center for Workplace Compliance (CWC) can read more here.