Kelly, Bicameral Colleagues Press Todd Blanche on Decision Weakening Legal Protections for DACA Recipients

Today, Senators Mark Kelly (D-AZ), Dick Durbin (D-IL), Alex Padilla (D-CA), Catherine Cortez Masto (D-NV), and Representatives Sylvia Garcia (D-TX-29) and Delia Ramirez (D-IL-03) led over 50 colleagues in pressing Acting Attorney General Todd Blanche on the Board of Immigration Appeals (BIA)'s recent decision to weaken legal protections for Deferred Action for Childhood Arrivals (DACA) recipients.

In a letter to Blanche, the lawmakers raise legal concerns with the decision, highlighting inconsistencies between BIA's ruling and the forbearance protections provided by DACA and upheld by the Fifth Circuit Court of Appeals.

Kelly has been a leading voice on protecting Dreamers. In April, he helped secure the release of Annie Ramos, a military spouse who was detained on base. Kelly most recently joined Senators Durbin and Padilla at a press conference calling for a permanent legislative fix for Dreamers as DACA processing delays, detentions, and deportation threats leave hundreds of thousands unable to work and live safely in the country they call home.

"We are troubled to see the Board, and by extension, the Department of Justice, attempt to circumvent legal protections for DACA recipients, which have been codified in regulation by the Department of Homeland Security (DHS), and affirmed in a recent decision by the United States Court of Appeals for the Fifth Circuit. We urge you to take steps within your authority as Attorney General to ensure the Board's rulings regarding DACA are interpreted in a manner consistent with current law," write the lawmakers.

"DACA is well established as a 'a form of enforcement discretion not to pursue . . . removal.' As the Board noted in its decision, a DACA recipient 'cannot be removed from the United States while she has DACA protection.' DHS established DACA in 2012 by memorandum, and codified it in regulation in 2022 … By regulation, immigration judges may, in the exercise of discretion, terminate removal proceedings for individuals who have received grants of deferred action," continued the lawmakers.

"The Fifth Circuit also maintained the nationwide stay for current DACA recipients, acknowledging the 'immense reliance interests' of current DACA recipients and the potential for significant disruption to others reliant on the program. Most important, in its decision, the Fifth Circuit stated that it would 'not disturb DACA's policy of forbearance.' DACA's policy of forbearance, as explained in the DACA regulation, 'is a form of enforcement discretion not to pursue the removal of certain aliens[.]' (emphasis added)," explained the lawmakers.

"By concluding in Matter of Santiago-Santiago that an immigration judge may not terminate removal proceedings based solely on the fact that the respondent has been granted DACA, the Board acts in a manner that is inconsistent with the Fifth Circuit's decision and the Department of Justice regulation permitting termination based on deferred action. The decision fails altogether to consider the DHS regulation's stringent requirements for maintaining and renewing DACA and the Fifth Circuit holding preserving DACA's forbearance from removal. Thus, the Board's decision paves the way for DACA recipients to be detained and placed in removal proceedings without regard for their societal contributions, clean records, or public support, and even though they cannot be removed while their DACA remains valid," concluded the lawmakers.

In addition to Kelly, Durbin, Padilla, and Cortez Masto, the letter was also signed by Senators Angela Alsobrooks (D-MD), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Tammy Duckworth (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Edward Markey (D-MA), Chris Murphy (D-CT), Patty Murray (D-WA), Jacky Rosen (D-NV), Brian Schatz (D-HI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Chris Van Hollen (D-MD), and Ron Wyden (D-OR).

In addition to Garcia and Ramirez, the letter was also signed by Representatives Yassamin Ansari (D-AZ-03), Greg Casar (D-TX-35), Joaquin Castro (D-TX-20), Jasmine Crockett (D-TX-30), Chris Deluzio (D-PA-17), Diana DeGette (D-CO-01), Veronica Escobar (D-TX-16), Jesús "Chuy" García (D-IL-04), Jonathan Jackson (D-IL-01), Pramila Jayapal (D-WA-07), Raja Krishnamoorthi (D-IL-08), Summer Lee (D-PA-12), Jennifer McClellan (D-VA-04), Sarah McBride (D-DE-AL), James McGovern (D-MA-02), Seth Moulton (D-MA-06), Eleanor Holmes Norton (D-DC-AL), Andrea Salinas (D-OR-06), Lateefah Simon (D-CA-12), Greg Stanton (D-AZ-04), Rashida Tlaib (D-MI-12), Dina Titus (D-NV-01), and Gabe Vasquez (D-NM-02).

Click here to read the whole letter.