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AUSTIN – Today US Senators John Cornyn (R-TX) and Thom Tillis (R-NC) sent a letter to the Chairman of the Senate Judiciary Committee, Dick Durbin (D-IL) asking him to pass targeted legislation Consider giving permanent legal status to specially active participants in the Deferred Action for Childhood Arrivals (DACA) program. The question of whether the DACA program should be permanently banned is currently pending in the US District Court for the southern district of Texas.
Senators said the Judiciary Committee recently “held a hearing to discuss the American Dream and Promise Act of 2021, which would give an estimated 4.4 million illegal immigrants avenue to citizenship. As you knew when planning the hearing, there is no clear and politically viable path in Congress for such legislation. “
“We ask you to plan a surcharge for an invoice that is only aimed at the population with the most urgent need: active DACA recipients. In addition, senators should be free to use an open amendment process to propose reasonable changes to this bill and receive a positive or negative vote on those changes. We believe such changes would likely include proposals on border security, internal enforcement and employment review programs. “
The full text of the letter is here and below.
July 6, 2021
Dear Chairman Durbin:
We are writing to ask you to schedule a business meeting of the Senate Judiciary Committee to discuss laws that give permanent legal status only to currently enrolled and active participants in the Deferred Action for Childhood Arrivals (DACA) program.
The Judiciary Committee recently held a hearing to discuss the American Dream and Promise Act of 2021, which would give an estimated 4.4 million illegal immigrants avenue to citizenship. As you knew when planning the hearing, there is no clear and politically viable path in Congress for such legislation. However, given the shaky legal foundations of the DACA program, the most pressing need is to develop a solution for our currently enrolled DACA recipients.
At the hearing, your witness, Dr. Manuel Bernal Mejia, indicated that he would support a law that only gives active DACA recipients permanent legal status. He stated: “Personally, I would support such legislation if it were a permanent solution for me and all other DACA recipients at the moment, because it has been many years and we are all tired of waiting and our lives in the air. I think we are ready for a permanent solution. “
Dr. Mejia is right: we must act now to provide permanent protection to DACA recipients. The question of whether the DACA program should be permanently banned is currently pending in the US District Court for the Southern District of Texas, and Judge Andrew Hanen could be expected to rule at any time. In 2018, Judge Hanen found that DACA is likely to be in violation of the substantive provisions of the Administrative Procedure Act, in part because it “lawfully permits one million or more people who were unprepared and denied by Congress would grant “. always a commission. “Texas versus United States, 328 F. Supp. 3d 662, 723 (SD Tex. 2018).
We agree that the DACA program is against the Immigration and Nationality Act and believe it was likely unconstitutional when it was launched by President Obama. Even so, we fear that people like Dr. Mejia – who have relied on the program and have come out of the shadows to participate in our economy – will lose their work permits if the program is permanently suspended. The decision as to whether DACA recipients are properly granted permanent legal status falls under the prerogatives of Congress under Article I.
We therefore ask you to plan a surcharge for an invoice that is only aimed at the population with the most urgent need: active DACA recipients. In addition, senators should be free to use an open amendment process to propose reasonable changes to this bill and receive a positive or negative vote on those changes. We believe such changes would likely include proposals related to border security, internal enforcement and employment screening programs. Such a process will allow us to develop a package that can get the support needed to move the Senate forward.
Thank you for your consideration and we look forward to your quick response. We hope you see this letter for what it is: an open offer to find a permanent solution for DACA registered recipients.
With best regards,
/ s /
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