Good afternoon,

Yesterday, we received the unfortunate but expected news that U.S. District Judge Andrew Hanen ruled the Biden administration’s renewed Deferred Action for Childhood Arrivals (DACA) plan unlawful. This effectively puts the future legal status of all DACA recipients in jeopardy.

While this is a disappointing ruling, it is by no means the final say on the status of Dreamers. It is important to remember that the DACA program has perpetually been tied up in court since the Obama Administration first announced this policy in 2012. There are plenty of avenues to fight this decision and advocate for long-term security for Dreamers. 

To begin with, it is likely that the Biden administration will appeal this ruling to the Supreme Court, providing an opportunity for the justices to preserve DACA, as they did in 2020. However, given the ideological trend of the Supreme Court in recent years, it is uncertain how the justices would rule in such a case. President Biden could also try to take executive action to find a solution for Dreamers. Unfortunately, courts have historically interpreted such policies as an overreach of power, making this course of action risky.

As has always been the case, there is one clear solution to provide long-term security for Dreamers: Congressional action. Nearly 2.3 million immigrants would have a pathway to U.S. citizenship through the Dream Act. Congress has put off solving this issue for far too long, repeatedly failing to advance one of the many bills introduced that would address the status of Dreamers. We call on all of you to join us in urging our representatives to pass legislation that provides a path to citizenship for the 3.6 million Dreamers in the United States.

Dreamers have gone to school in the U.S., contributed to essential services, developed relationships, and enriched our culture. The United States is their home. We need to call on our elected representatives to provide a path to citizenship for Dreamers once and for all, so they are no longer subjected to legal limbo and can fully contribute to our society.

Now is not the time to give up, it’s time to bounce back. Although Judge Hanen’s decision was not the one we were hoping for, we cannot let this be the final say on this matter. Dreamers have already contributed so much to our country, so it’s time to provide them with the stability that will help us all.

Stay committed,

Adam Estle

Adam Estle
Senior Vice President of Field & Constituencies
National Immigration Forum 

Our team would like to thank Robbie Silver, Field and Constituencies Summer Intern, for his extensive contributions to this report.

NEWS CLIPS TO NOTE:

USA TODAY: Migrant families crossed US-Mexico border in record numbers in August: report

NPR: There’s a labor shortage in the U.S. Why is it so hard for migrants to legally work?

AP: Two years after fall of Kabul, tens of thousands of Afghans languish in limbo waiting for US visas

CBS NEWS: U.S. expands Ukrainian immigration program to 167,000 new potential applicants

AXIOS: DACA struck down again, but protections remain for current recipients

BOSTON GLOBE: Healey tells Biden administration Mass. has ‘desperate need’ for faster work authorizations for migrants

THE xxxxxx: Sending Troops into Mexico Is Now Mainstream GOP Policy