New DACA Regulation Underscores Need for Permanent Solution


LOS ANGELES — The Biden administration published a new regulation to better define Deferred Action for Childhood Arrivals, or DACA, but doesn’t make any substantial changes to modernize the program. The program, which has been in place since August 2012, has provided protection from deportation and work authorization to hundreds of thousands of applicants, but its future is in legal limbo due to ongoing litigation by the State of Texas. Last November, Justice Action Center provided a comment to the administration with suggestions on how to improve the DACA program. Below is a statement by Karen Tumlin, founder and director of Justice Action Center on the new rule:

“The Biden administration has long said that it would protect DACA. While this regulation codifies the existing policy, and does not sever work authorization from protection from deportation, it does nothing to modernize it to help meet the actual needs of immigrant youth— many of whom have effectively been shut out of DACA since 2017.

“We are disappointed that the Biden administration did not use this important moment to include immigrant youth who arrived in the United States too late to qualify or were just a few years too old when DACA was announced. Our immigration system should be intentional, not arbitrary.

“DACA has been transformative, not just for hundreds of thousands of DACA recipients, but for millions of others who are their friends, co-workers, and family members. But it is not enough. We call on the Biden administration to act boldly to deliver what is truly needed: working with Congress to pass permanent protections by legislation.”


Tasha Moro
Justice Action Center

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