FAIR Submits Public Comment on Biden Administration Rule to Preserve DACA Amnesty Program

(November 3o, 2021, Washington, D.C.) —Yesterday, the Federation for American Immigration Reform (FAIR) submitted a thorough public comment to the Department of Homeland Security (DHS) in response to a proposed rule that seeks to “preserve and fortify” the Deferred Action for Childhood Arrivals (DACA) amnesty program via the rulemaking process.

“Maintaining DACA through the rulemaking process is both unlawful and bad immigration policy. Recent judicial decisions ruled that DACA violates both substantive and procedural requirements under federal law,” said Dan Stein, president of FAIR. “As a result, any regulatory proposal to maintain DACA will not only continue to fuel the border crisis, it will also be ultra vires,” continued Stein, referencing a legal term from Latin that describes an action made without requisite legal authority.

“Promulgating this proposed rule is unconscionable while an unprecedented number of minors surge across the border – incentivized by lax enforcement policies and promises of amnesty. The creation of the DACA program is one of the strongest pull factors that has ignited our border crisis. Instead of addressing this, the Biden administration must devote its limited resources to border security, interior enforcement, and lawful immigration programs that have been authorized by Congress,” Stein added.

“FAIR strongly urges DHS to withdraw the proposed rule and, instead, implement reforms that will discourage illegal immigration into the United States, remove incentives to submit fraudulent or frivolous asylum claims, and restore order at the U.S.-Mexico border,” concluded Stein.

Contact: Matthew Tragesser, 202-328-7004 or [email protected]