CUPA-HR Sends Letter to Congress Asking for DACA Protections
On November 17, CUPA-HR joined the American Council on Education (ACE) and over 60 other higher education associations in sending a letter to House of Representatives and Senate leadership urging Congress to pass permanent protections for the Deferred Action for Childhood Arrivals (DACA) program after recent court decisions have left the status of the program in limbo.
On October 5, the U.S. Court of Appeals for the Fifth Circuit unanimously upheld a 2021 ruling by the lower Court in the Southern District of Texas that enjoined the DACA program and vacated the 2012 Department of Homeland Security (DHS) memorandum that originally established the program. The Fifth Circuit agreed with the lower court’s finding that the promulgation and enforcement of the DACA memorandum violated the Administrative Procedure Act but noted that the Biden administration had finalized a new DACA regulation in August, leading the Appeals Court to send the case back to the Texas District Court to consider the legality of the August rulemaking. On October 14, however, the Texas District Court ruled against the final rule, arguing that the existing injunction blocking the 2012 memorandum also covered the new final rule.
As a result of these rulings, the DHS is blocked from accepting new applications for the DACA program, but the agency is permitted to continue renewing existing protections to current DACA beneficiaries. DHS Secretary Alejandro Mayorkas issued a statement in response to the Texas Court’s decision saying “It is clearer than ever that only the passage of legislation will give full protection and a well-deserved path to citizenship for DACA recipients. I urge Congress to swiftly pass legislation to provide permanent protection to the hundreds of thousands of Dreamers who call the United States home.”
ACE’s letter states the urgency with which Congress needs to act to ensure protections are granted to DACA recipients. The letter specifically asks Congress to pass legislation to provide DACA protections to current and future beneficiaries before the 117th Congress ends January 3, 2023.
CUPA-HR will keep members apprised of any updates on the status of the DACA program.
