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Congress Must Act Now: A Call to Action for DACA

Posted on Oct 06 2022

FOR IMMEDIATE RELEASE 

Contact: 
Veena Iyer, Executive Director, Immigrant Law Center of Minnesota
veena.iyer@ilcm.org  (651) 641-1011 

Congress Must Act Now: A Call to Action for DACA 

October 6, 2022—Yesterday evening, the 5th Circuit Court of Appeals decided the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision came in the context of a review of a July 2021 district court decision.  

Significantly for current DACA holders, the appeals court allowed the Biden administration to continue processing and approving renewal applications while the litigation continues. However, hundreds of thousands of immigrant youth who have become eligible since 2017 and others who were never able to apply remain locked out of the program.  

“My heart and that of the Immigrant Law Center of Minnesota (ILCM) goes to all of the DACA holders and DACA eligible youth across the country, particularly those here in Minnesota who are our neighbors, coworkers, and friends,” said ILCM executive director Veena Iyer. “But this is not the end. We will not give up. DACA is not enough. DACA has offered a lifeline to over 800,000 young people, but it is only a temporary and limited fix. Congress and the Biden administration must act to fulfill their promises and provide a path to citizenship for Dreamers, who contribute so much to our country and communities.”

Importantly, the litigation regarding the DACA program is not over. DACA was instituted by the Obama administration in 2012 through a memorandum, and the district court and the appellate court found that the program was unlawful because administration  did not go through the official process required by the Administrative Procedures Act (APA). Since the district court’s decision in July 2021, DHS went through this process. DHS issued draft regulations establishing the DACA program, went through the official public feedback process, and issued final regulations at the end of the summer that go into effect on October 31.    

The appeals court acknowledged this development and sent the case back to federal district court judge Andrew S. Hanen, to review these regulations and decide whether they should change the conclusion that the DACA program is unlawful. 

“This back and forth with people’s lives is unbearable,” said Iyer. “But in the face of this unbearable pain, what I can assure you is: 

• ILCM will continue to make sure that everyone who is still eligible DACA and our services can continue to get assistance filing renewals. 
• ILCM will continue to spread the word to our community so that everyone understands the decision, its implications, and how they can take action to support DACA recipients, immigrant youth, and our work with DACA recipients  
• ILCM will continue to advocate for DACA and the creation of a pathway to citizenship.” 

If you currently have DACA and would like to renew, please call ILCM at 1-800-223-1368 on Mondays and Wednesdays from 9am-1pm, Tuesdays from 1pm-4pm, and on Thursdays from 3pm to 7pm for assistance.