DREAM Act Portal Forum - The Obama Administration's Missteps in Issuing and Defending the DAPA/DACA Programs -

DREAM Act Portal Forum (http://dreamact.info/forum/index.php)

- The News Room (http://dreamact.info/forum/forumdisplay.php?f=23)

The Obama Administration's Missteps in Issuing and Defending the DAPA/DACA Programs -

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1. To protect immigrants’ rights under DAPA/DACA, and to overcome the primary reason for the injunction now blocking DAPA/expanded DACA, President Obama should promptly issue formal regulations on DAPA/DACA. The administration decided to issue DAPA/DACA as a “policy” (basically a “privilege” for applicants) that can be changed overnight by any future Administration, rather than as a formal “regulation” (also called a “substantive rule”) that extends real rights to applicants and cannot be cancelled overnight.

Under the Administrative Procedures Act (APA), a federal agency must first publish a substantive rule in “proposed” (draft) form and the public must be given 30 days to comment before the regulation is finally adopted.

Quote:

The Administration’s refusal to issue DAPA/DACA as a DHS “regulation” has negative legal and practical consequences for millions of potential applicants. If President Obama published DAPA/DACA as a formal regulation: (1) the legal basis for the current injunction blocking DAPA/expanded DACA would be wiped out without risking lengthy appeals, (2) DAPA/DACA would become a “substantive right” instead of a “privilege” giving applicants and recipients stronger enforceable legal rights, and (3) a formal regulation will make it more difficult for a future Administration, without advance notice or the public’s opportunity to comment, to terminate the DAPA/DACA programs (and to place DAPA/DACA recipients in deportation proceedings). The
President should show his support for DAPA/DACA and issue these programs in a formal regulation.

Full report here:

http://centerforhumanrights.org/