Proposed DACA rule continues to exclude documented dreamers


MUMBAI: The Indian diaspora is disappointed to note that the proposed DACA rule does not include documented dreamers.
The US Department of Homeland Security (DHS) has announced a notice of proposed rulemaking (NPRM) that would preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy.
One of the eligibility criteria to be met is that the individual should not have been in lawful immigration status as of June 15, 2012, as well at the time of the request.
On the other hand, documented (or legal) dreamers are those children who were brought to the US when they were kids. Their parents entered the US legally on non-immigrant visas such as H-1B.

When these children age out (turn 21), they can no longer continue with their H-4 dependent visas. In other words, they have a lawful immigration status, which ceases on aging out, unless and until they change status – such as obtaining a student visa. The only other option is to self-deport to their home country (say India) or any other country.
The proposed rule addresses the DACA policy as announced in the 2012 Napolitano Memorandum and is based on longstanding US Citizenship and Immigration Services (USCIS) practice. The rule embraces the consistent judgment that has been maintained by the Department—and by three presidential administrations since the policy first was announced—that DACA recipients should not be a priority for removal, states DHS in its statement.
An immigration expert points out that “The Biden administration has no legal foundation in which to put individuals who are documented into a deferred action status.” Cyrus Mehta, New York-based immigration attorney explains that probably the regulation is being promulgated to overcome some of the issues raised by Judge Hanen, in the ruling that DACA was implemented without going through the notice and comment procedure required under the Administrative Procedure Act.
‘Improve The Dream’ an association led by young immigrants who have grown up in the US, and which is fighting to protect the rights of documented dreamers states, “New DACA rule continues to exclude children who were In lawful immigration status as on June 15, 2012. Documented dreamers have no work authorization while growing up and no protection from deportation after aging out. DHS must change this.”
Meanwhile, it remains to be seen how the Democrats will seek to protect the rights of legal immigrants in the reconciliation bill. Further, the bill – America’s Children Act, also seeks to protect the rights of documented dreamers.





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