Over 100 House Democrats are calling on U.S. Citizenship and Immigration Services (USCIS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants, who have been shut out of applying for protections following the Trump administration’s rescission in 2017 but should now be eligible following the Supreme Court historic ruling earlier this month.
Tuesday in fact marks two weeks since the justices in a 5-4 decision ruled the administration illegally ended the program, but for two weeks, the administration has not budged. “We should not need to tell you that under our Constitution, the U.S. Supreme Court, not the administration, determines whether the rescission of DACA was lawful,” members wrote. “USCIS and the administration must faithfully administer our nation’s immigration laws by providing clear guidance implementing the court’s order.”
The 110 House Democrats note that immediately following the Supreme Court’s ruling, USCIS—mind you, historically a paper-pushing agency that processes naturalization applications, in just one example—sent out an unhinged statement “implying that they will defy the U.S. Supreme Court on their decision,” United We Dream Florida state coordinator Thomas Kennedy tweeted at the time. The USCIS statement also called DACA “illegal” when the Supreme Court ruled no such thing.
“The Supreme Court’s decision was also a moral victory for the hundreds of thousands of Dreamers across our country, for their families and communities, and for our core values as a nation of immigrants,” members told acting Homeland Security Deputy Sec. Ken Cuccinelli (who himself was unlawfully appointed to USCIS, another court found earlier this year). “We were extremely disappointed to see administration officials ignore their mandate and use USCIS’s public platform to make a political attack undermining the rule of law and Dreamers.”
”We ask that you not only remove the statement,” they continue, “but also provide clear guidance to the public and USCIS employees that you will immediately begin accepting new DACA applications and will resume accepting and adjudicating applications for advance parole for DACA recipients.”
Nearly the entire Senate Democratic caucus also recently called on the the administration to reopen the program to tens of thousands of undocumented teens who have now become old enough to apply, if Trump would just let them. But, there’s also so much uncertainty even if they’re able to apply, because USCIS is near broke and in need of congressional assistance soon.
“As the Supreme Court has recognized, it is well within your executive authority to protect Dreamers,” legislators led by Sen. Dianne Feinstein of California and Sen. Dick Durbin of Illinois tell Trump. “Only Congress can provide a pathway to citizenship for Dreamers, but it is up to you whether to use your administration’s authority to allow these young immigrants who have benefitted America in countless ways to continue contributing to our nation, or to continue your efforts to deport them.”
“Within hours of the ruling from the Supreme Court, Trump signaled that he would try again to end the DACA,” United We Dream advocacy director Sanaa Abrar said in a statement received by Daily Kos. “Trump must stop attacking DACA, and instead follow the Supreme Court ruling and instruct USCIS to start accepting new DACA applications and continue allowing current DACA recipients to renew their work permits and protections from deportation.”