Warner, Kaine, & Colleagues Press Trump Administration to Resume Processing DACA Applications
WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine (both D-VA) and their Senate colleagues urged U.S. Citizenship and Immigration Services (USCIS) to resume processing applications for the Deferred Action for Childhood Arrivals (DACA) program following the Fifth Circuit Court of Appeals decision to narrow the nationwide injunction to Texas. Currently, more than 100,000 initial DACA applications are pending with USCIS. The letter comes in advance of the thirteenth anniversary of President Barack Obama establishing the DACA program in 2012. Since 2012, more than 825,000 people have received deferred action pursuant to DACA. DACA recipients contribute an estimated $140 billion to the U.S. economy in spending power and $40 billion in combined federal, payroll, state, and local taxes.
In the letter to USCIS Acting Director Alfonso-Royals, the senators began, “Noncitizens brought to the United States as children, often known as Dreamers, are American in every way but their immigration status. Many only know this country as their home, and they contribute every day to this great nation by paying taxes and serving in critical roles, such as police officers, teachers, and nurses. Americans overwhelmingly support providing Dreamers a path to citizenship, and in December 2024, President Trump stated that he supported protections for Dreamers to remain in the United States.”
“Consistent with this statement, we implore you to use your authority at United States Citizenship and Immigration Services (USCIS) to resume processing initial applications for Deferred Action for Childhood Arrivals (DACA) and provide such protections for Dreamers immediately,” the senators continued.
The senators further elaborated on the Fifth Circuit’s decision to limit the injunction, writing, “Pursuant to the order, in Texas, DACA must resume as a limited program providing protection from deportation for current DACA recipients, but without access to work authorization or driver’s licenses as part of those renewals. This order went into effect on March 11, giving USCIS the authority to start processing initial DACA applications from states other than Texas. However, nearly three months later, USCIS has not made any public announcement on whether new DACA applications will be processed; nor has the agency begun processing initial applications that have been pending with the agency for years.”
“We urge you to begin processing these DACA applications immediately, consistent with the Fifth Circuit decision and existing regulations, and to ensure Dreamers eligible to file initial DACA applications can do so as soon as possible,” the senators concluded.
In addition to Warner and Kaine, the letter is signed by U.S. Senators Dick Durbin (D-IL), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Edward Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Jeanne Shaheen (D-NH), Elissa Slotkin (D-MI), Tina Smith (D-MN), Chris Van Hollen (D-MD), Rev. Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
A copy of the letter is available here and below.
Dear Acting Director Alfonso-Royals:
Noncitizens brought to the United States as children, often known as Dreamers, are American in every way but their immigration status. Many only know this country as their home, and they contribute every day to this great nation by paying taxes and serving in critical roles, such as police officers, teachers, and nurses. Americans overwhelmingly support providing Dreamers a path to citizenship, and in December 2024, President Trump stated that he supported protections for Dreamers to remain in the United States. Consistent with this statement, we implore you to use your authority at United States Citizenship and Immigration Services (USCIS) to resume processing initial applications for Deferred Action for Childhood Arrivals (DACA) and provide such protections for Dreamers immediately.
In 2001, the Dream Act was introduced on a bipartisan basis to provide a path to citizenship to undocumented immigrants who came to the United States as children but remained vulnerable to deportation. Since that time, the Dream Act has been introduced in every Congress. It has passed both the House of Representatives and the Senate with bipartisan majority votes, but no version has yet to be signed into law. In response to bipartisan pressure to protect Dreamers until Congress acted, the Obama Administration implemented DACA through a policy memorandum in 2012.
Since 2012, more than 825,000 people have received deferred action pursuant to DACA. Many DACA recipients report that deferred action—and the accompanying employment authorization —allowed them to apply for their first job or move to a higher-paying position more commensurate with their skills. Since its establishment, DACA recipients have contributed an estimated $140 billion to the U.S. economy in spending power, and $40 billion dollars in combined federal, payroll, state, and local taxes.
In 2021, U.S. District Court Judge Andrew Hanen halted the DACA program and enjoined USCIS from approving any new DACA applications nationwide. While the program was enjoined, USCIS has continued to accept and hold initial applications, and in 2022, the Department of Homeland Security published the DACA Final Rule, codifying the 2012 memorandum establishing DACA into regulation. Over 100,000 initial DACA applications are pending with USCIS.
On January 17, 2025, the Fifth Circuit Court of Appeals issued a decision limiting Judge Hanen’s injunction to Texas. Pursuant to the order, in Texas, DACA must resume as a limited program providing protection from deportation for current DACA recipients, but without access to work authorization or driver’s licenses as part of those renewals. This order went into effect on March 11, giving USCIS the authority to start processing initial DACA applications from states other than Texas. However, three months later, USCIS has not made any public announcement on whether new DACA applications will be processed; nor has the agency begun processing initial applications that have been pending with the agency for years.
We urge you to begin processing these DACA applications immediately, consistent with the Fifth Circuit decision and existing regulations, and to ensure Dreamers eligible to file initial DACA applications can do so as soon as possible.
Thank you for your prompt attention to this urgent matter.
Sincerely,
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