14 SEPT 2023

Immigration Hub Decries Judge Hanen’s DACA Ruling, Calls on Congress to Step Up

Kerri Talbot: “This ruling portends the end of one of America’s most successful and popular immigration policies. Unless Congress steps up and acts, young immigrants who grew up pledging allegiance to the flag and are Americans in all but paperwork will face job loss and deportation.”

WASHINGTON, DC – Yesterday, Judge Andrew Hanen of United States District Court for the Southern District of Texas ruled that DACA – the Deferred Action for Childhood Arrivals program that currently benefits nearly 600,000 immigrants known as Dreamers – is unlawful. This decision upends the lives of over half a million Dreamers who already call the U.S. home as the case moves through the appeals courts and then to the U.S. Supreme Court.

The following is a statement by Kerri Talbot, Executive Director of the Immigration Hub, in response to Hanen’s ruling:

“Over the past 11 years, DACA has enabled hundreds of thousands of young immigrants to complete their studies, pursue careers, build families and live their dreams. This ruling portends the end of one of America’s most successful and popular immigration policies. Unless Congress steps up and acts, young immigrants who grew up pledging allegiance to the flag and who are Americans in all but paperwork will face job loss and deportation–and we will all feel the consequences.

“In 2010, the Dream Act passed the House of Representatives but fell five votes short in the Senate due to a Republican filibuster. In 2019 and 2020, the Dream and Promise Act passed the House of Representatives, but failed to pass the Senate due to Republican opposition. In late 2022, Senators Sinema and Tillis tried to resurrect a Dream Act deal, but it fell apart due to opposition from Senate GOP leadership. This relentless effort by the Republican Party to terminate the program is nearing its ugly conclusion and we cannot let them succeed. 

“Either Congress enacts a permanent solution now, or a dark chapter in American history will likely commence. With many DACA recipients living in mixed-status families that include citizens and green card holders, the fate of millions rests in the hands of Congress.”

Background: After President Trump moved to end DACA in 2017, the Supreme Court ruled 5-4 in June 2020 on procedural grounds to block the announced phase-out of DACA. But the decision left room for the program to be declared unlawful as the litigation proceeded. Judge Hanen has consistently ruled against DACA, based on lawsuits brought by Texas State Attorney General Ken Paxton and a coalition of nine states, prohibiting new applications, and kicking the decision regarding the fate of those currently with DACA to the U.S. Supreme Court. While DACA holders can continue to renew their status, they face uncertainty as the litigation continues. For a timeline leading up to today’s decision, see this MALDEF summary.

###

The Immigration Hub is a national organization dedicated to advancing fair and just immigration policies through strategic leadership, innovative communications strategies, legislative advocacy, and collaborative partnerships.