The Biden administration is moving to save an Obama-era policy that has shielded hundreds of thousands of undocumented young immigrants from deportation.

The Department of Homeland Security announced Monday that it is proposing a rule that would “preserve and fortify” the Deferred Action for Childhood Arrivals policy. DACA, which was created in 2012 through an executive action by then-President Barack Obama, has allowed about 600,000 immigrants, most of whom were brought to the United States illegally as children — a group commonly referred to as “Dreamers” — to avoid deportation.

Texas Federal Judge Andrew Hanen ruled in July that DACA was unlawful because the creation of the program violated the Administrative Procedure Act, in part because the Department of Homeland Security never sought public comment.

The lawsuit was filed in 2018 by Texas and eight other Republican-led states that argued DACA’s architects did not consider the impact the program would have on states, including the additional costs associated with health care, education and law enforcement protection.

Hanen ordered DHS to halt approving new DACA applications, although he allowed renewals to proceed while the government tries to “remedy the legal defects of the program.”

The Biden administration appealed Hanen’s ruling earlier this month. 

Meanwhile, DHS is attempting to create a new rule modeled after the initial version, but that also addresses the judge’s concerns. The proposal will be posted to the Federal Register on Tuesday, when a 60-day public comment will open. 

The rule would also modify and improve the existing filing process while codifying and clarifying DHS’s information-sharing and use policy regarding DACA requests, the department said. 

“The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country,” Homeland Security Secretary Alejandro Mayorkas said in a news release. “This notice of proposed rulemaking is an important step to achieve that goal.”

Mayorkas, however, noted that only Congress can give DACA recipients permanent protection and called on lawmakers “to act swiftly to provide Dreamers the legal status they need and deserve.”

The Homeland Security secretary said he supports immigration reform being included in the Democrats’ $3.5 trillion budget reconciliation package. Those prospects, however, were dealt a devastating blow last week when the Senate’s parliamentarian ruled that provisions providing immigrants with pathways to citizenship cannot be included in the budget legislation, meaning such reform efforts would likely face a filibuster from Republicans.

Under the proposed rule, people could continue to qualify for DACA if they arrived in the U.S. before their 16th birthday, have continuously lived in the country since June 15, 2007, are currently in school or have graduated, have not been convicted of a felony, and do not pose a threat to national security or public safety.

DHS will review and consider the public comments before issuing a final rule.