Sen. Dick Durbin, Sen. Kamala Harris, and Rep. Ayanna Pressley are leading a group of over 120 members of Congress who are pressing the Department of Homeland Security (DHS) over reports that Immigration and Customs Enforcement has been reopening the closed cases of Deferred Action for Childhood Arrivals recipients ahead of a decision from the Supreme Court.
“Only Congress can provide a permanent solution for Dreamers, but if the Supreme Court permits President Trump’s DACA repeal to stand, the fate of the Dreamers will be in your hands,” 36 senators and 87 House members tell DHS Secretary Chad Wolf. “It will be up to you whether to use DHS’s limited resources to deport these young immigrants who have benefitted America in countless ways through their talents, hard work, and service.”
As the legislators note, CNN reported last December that ICE had reopened the “long-closed” immigration cases of at least 14 program recipients, even though DACA remains in effect thanks to previous lower court decisions (though new applicants are unable to apply), and the Supreme Court has yet to issue a decision on the Trump administration’s termination of the program, although one is expected by June.
ICE “issued a statement confirming that DACA deportation cases that had been administratively closed will be reopened,” the legislators write, “and that this ‘is occurring nationwide and not isolated to a particular state or region.’ On Jan. 23, acting ICE director Matthew Albence replied to a question about these actions, saying that if ‘DACA is done away with by the Supreme Court, we can actually effectuate those removal orders.’”
“Similarly,” they continue, “in response to questioning from Senator Kamala Harris at a Homeland Security and Governmental Affairs Committee hearing on March 4, you said that DHS would deport these DACA recipients, testifying: ‘So when we get final orders of removal, we’re going to effectuate those.’” Harris in fact grilled Wolf on the administration’s actions, saying “that sounds to me like if the Supreme Court rules in your favor that you’re going to start deporting DACA recipients. Does the administration plan to deport DACA recipients?” she asked.
The legislators write that “In light of the clear statements above that the Trump Administration is preparing to deport DACA recipients whose deportation cases had been administratively closed, we request that you respond to the following questions as soon as possible,” demanding to know how many closed cases of DACA recipients have been reopened, if any have been ordered deported, how much information on DACA recipients has been handed over to ICE, and, as Harris requested during her hearing with Wolf, ICE’s plans following a Supreme Court decision.
“DACA recipients like me and my sister, and 700,000 immigrant youth need answers now,” Bruna Sollod, a DACA recipient and communications director for United We Dream, said in a statement received by Daily Kos. “With the Supreme Court set to issue a ruling on DACA between now and June, it is imperative that DHS disclose any plans they have to target DACA recipients. In December, news broke that ICE was reopening closed deportation cases against DACA recipients, and since then, Trump administration officials have alluded to plans to execute removal orders should the Supreme Court do Trump’s bidding and end DACA.”