House Democrats Plan to Introduce DACA Legislation Before the End of 117th Congress

Earlier this week, House Democrats announced their plans to pass and send to the Senate legislation to protect Dreamers and DACA recipients. While the details of the bill are still being worked out, it will include language from the American Dream and Promise Act (H.R. 6) which passed the House of Representatives in 2021. CGS recently signed a letter sent to Congressional leadership urging them to pass legislation to provide permanent protection for Dreamers. The letter states, “Despite the challenges they face, Dreamers have made incredible contributions to our country and its economy and security. If we are unable to protect them, we will be shutting the door to an entire generation of individuals who wish to be part of our American story.”

Established during the Obama Administration, DACA provided deportation protection and work permits for undocumented immigrants brought to the United States as children. In October 2022, the U.S. Court of Appeals for the 5th Circuit ruled against the program stating that the Department of Homeland Security does not have the authority to provide protection to immigrants under DACA and that the program was created in violation of procedural rules that require federal agencies to request and consider public comments. On August 24, the Department of Homeland Security issued a final rule to preserve and fortify the program. However, codifying DACA through legislation is the only way to protect the program from litigation.