美国国家公共电台 NPR--Biden administration moves to make DACA harder to challenge in court

Biden administration moves to make DACA harder to challenge in court

Transcript¹

NPR's A Martinez talks to Homeland Security Secretary Alejandro Mayorkas about the Deferred² Action for Childhood Arrivals (DACA) program which is now in the federal government's code of regulations.

A MART?NEZ, HOST:

The DACA program, or Deferred Action for Childhood Arrivals, first started accepting applications ten years ago this month. However, in the summer of 2021, a series of court decisions made its future more uncertain. A district court in Texas ruled the program illegal. The U.S. Supreme³ Court issued a stay on that ruling pending⁴ an appeal from the Biden administration. So for now, the U.S. Department of Homeland Security has said it will continue accepting new DACA applications, even though it can't actually grant them. But on Wednesday, DACA got a bit of a boost. Alejandro Mayorkas is secretary of the Department of Homeland Security. He told us DACA is now in the federal government's code of regulation, something that has not been done before, which Mayorkas says fortifies⁵ DACA and preserves it.

You know, when you say fortifies and preserves DACA, what does that mean? Does that mean that it'll be tougher to challenge in court?

ALEJANDRO MAYORKAS: That is absolutely right. One of the attacks was that the government, in order to establish DACA, needed to proceed by way of notice and comment rulemaking by promulgating⁶ a regulation. While we disagree with that assertion, nevertheless, what we have done is we have proceeded to publish a regulation. And now DACA is codified⁷ in the Code of Federal Regulations. It is now a matter of regulatory law.

MART?NEZ: The Fifth Circuit Court of Appeals will issue an opinion on DACA later this year. It is, Secretary, a conservative-leaning court. Are you worried that they will rule it unlawful?

MAYORKAS: We feel very strongly that we are on firm legal footing. The court is, of course, going to make its independent judgment⁹ with respect to the lawfulness¹⁰ of DACA. It has been the subject of disagreement. We are hopeful that the court will agree with our legal interpretation¹¹ and allow DACA to stand. It's been of such tremendous importance to and benefit for more than 800,000 young people. And it's been of such benefit to so many communities across the country to whom these and for whom these young people have contributed so much.

MART?NEZ: If the Fifth Circuit Court of Appeals does not see things your way, will President Biden appeal DACA to the Supreme Court?

MAYORKAS: I think we're going to take it step by step. We intend to fight for DACA in the courts. We believe very firmly in DACA. I will say that we remain hopeful that the legislature, that Congress will pass laws that really make DACA permanent.

MART?NEZ: Why do you think that hasn't happened yet?

MAYORKAS: You know, DACA has really tremendous support on both sides of the aisle¹². It's something of tremendous popularity in the United States. And we're hopeful that the legislature will act. You know, legislation in the immigration arena¹³ is certainly not facile. And nevertheless, we remain hopeful that it'll happen. And we continue to fight for it.

MART?NEZ: DACA now becoming a code in the federal government's Code of Regulations - why hasn't that happened before? You were director of Citizenship¹⁴ and Immigration Services during the Obama administration. Why wasn't all that done back then?

MAYORKAS: Well, we did not believe that regulatory authority was necessary to support the DACA program. We were successful in implementing¹⁵ it as a matter of policy. Hundreds of thousands of youth benefited from it. And it is in this prior administration, in the attacks that have been levied¹⁶ against this successful and meaningful program that the need for regulatory strengthening proved necessary. And so when that, in fact, arose and when we took office, we proceeded with speed.

MART?NEZ: So just to be clear, this is not a pathway to citizenship for DACA recipients¹⁷. So why should people then continue to apply for DACA if that's not part of this?

MAYORKAS: Well, because it - you're correct, A, that it is not a path to citizenship. We need Congress to pass legislation to provide that path, something that we believe very strongly in and we continue to hope and fight for. But what DACA does is it provides lawful⁸ presence for the youth who qualify for it, meaning they are not subject to removal. They are not unlawfully present during the period that they have DACA. And very importantly, they receive work authorization¹⁸ so that they can work legally and receive those critical protections and benefits.

MART?NEZ: That is Alejandro Mayorkas, secretary of the United States Department of Homeland Security. Secretary, thanks.

MAYORKAS: Thank you very much.

1 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

2 deferred   

adj.延期的，缓召的v.拖延，延缓，推迟( defer的过去式和过去分词 )；服从某人的意愿，遵从

参考例句：

• The department deferred the decision for six months. 这个部门推迟了六个月才作决定。
• a tax-deferred savings plan 延税储蓄计划

3 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

4 pending   

prep.直到，等待…期间；adj.待定的；迫近的

参考例句：

• The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
• He knew my examination was pending.他知道我就要考试了。

5 fortifies   

筑防御工事于( fortify的第三人称单数 )； 筑堡于； 增强； 强化（食品）

参考例句：

6 promulgating   

v.宣扬（某事物）( promulgate的现在分词 )；传播；公布；颁布（法令、新法律等）

参考例句：

• While they promulgating the Christianity, English was also publicized in China. 他们在传教的同时，英语也在中国得到了广泛的传播。 来自互联网
• It is a philosophy of life, promulgating numerous and complicated existence. “生活艺术论”是林语堂文化观、人生观和审美观的集中体现。 来自互联网

7 codified   

v.把（法律）编成法典( codify的过去式和过去分词 )

参考例句：

• In the meantime, however, Kennecott had been codified elsewhere in the Act. 然而，“肯尼考特”一案已被编人法案。 来自英汉非文学 - 环境法 - 环境法
• Congress has since codified this holding. 从那时以来，国会编纂整理了最高法院的这一裁定。 来自英汉非文学 - 行政法

8 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

9 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

10 lawfulness   

法制，合法

参考例句：

• Einstein declared that randomness rather than lawfulness is the characteristic of natural events. 爱因斯坦宣称自然现象的特征为不可测性而不是规律化。 来自辞典例句
• Does the Lawfulness of War Matter? 战争的合法性有关系吗？ 来自互联网

11 interpretation   

n.解释，说明，描述；艺术处理

参考例句：

• His statement admits of one interpretation only.他的话只有一种解释。
• Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

12 aisle   

n.（教堂、教室、戏院等里的）过道，通道

参考例句：

• The aisle was crammed with people.过道上挤满了人。
• The girl ushered me along the aisle to my seat.引座小姐带领我沿着通道到我的座位上去。

13 arena   

n.竞技场，运动场所；竞争场所，舞台

参考例句：

• She entered the political arena at the age of 25. 她25岁进入政界。
• He had not an adequate arena for the exercise of his talents.他没有充分发挥其才能的场所。

14 citizenship   

n.市民权，公民权，国民的义务(身份)

参考例句：

• He was born in Sweden,but he doesn't have Swedish citizenship.他在瑞典出生，但没有瑞典公民身分。
• Ten years later,she chose to take Australian citizenship.十年后，她选择了澳大利亚国籍。

15 implementing   

v.实现( implement的现在分词 )；执行；贯彻；使生效

参考例句：

• -- Implementing a comprehensive drug control strategy. ――实行综合治理的禁毒战略。 来自汉英非文学 - 白皮书
• He was in no hurry about implementing his unshakable principle. 他并不急于实行他那不可动摇的原则。 来自辞典例句

16 levied   

征（兵）( levy的过去式和过去分词 )； 索取； 发动（战争）； 征税

参考例句：

• Taxes should be levied more on the rich than on the poor. 向富人征收的税应该比穷人的多。
• Heavy fines were levied on motoring offenders. 违规驾车者会遭到重罚。

17 recipients   

adj.接受的；受领的；容纳的；愿意接受的n.收件人；接受者；受领者；接受器

参考例句：

• The recipients of the prizes had their names printed in the paper. 获奖者的姓名登在报上。 来自《简明英汉词典》
• The recipients of prizes had their names printed in the paper. 获奖者名单登在报上。 来自《现代英汉综合大词典》

18 authorization   

n.授权，委任状

参考例句：

• Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。
• You cannot take a day off without authorization.未经批准你不得休假。