The need for Congress to end its decades-long failure to address immigration reform took on immediate urgency Oct. 5 when the 5th Circuit Court of Appeals deemed the Deferred Action for Childhood Arrivals policy illegal.
For Dreamers who have lived freely in America since the creation of the program by President Barack Obama, this is the latest in a long series of scares that could send them packing from the only home they’ve known since childhood.
Immigration advocates — including evangelical Christians — lamented the court ruling and ramped up their call for Congress to grant permanent residency to the Dreamers, as well as to address the nation’s immigration laws that have not been updated in decades.
In poll after poll, Americans consistently and overwhelmingly support granting residency to the Dreamers. The latest polling also shows Americans want Congress to act on immigration reform this year, before the November midterms.
Republican legislators and Republican governors, however, have opposed the kind of immigration reform polling shows Americans want. Their core constituency, empowered by the anti-immigrant rhetoric of Donald Trump, wants the nation to clamp down more on immigration rather than find ways to welcome more immigrants.
Judge Andrew Hanen
In the present situation, the State of Texas, joined by other Republican state attorneys general, brought a case challenging DACA’s legality to the Southern District of Texas in 2017. That case was heard by District Judge Andrew Hanen, who ruled in July 2021 that DACA is illegal. The Department of Justice appealed the decision to the 5th Circuit Federal Court of Appeals, resulting in the latest decision.
The case now goes back to Judge Hanen, and close observers expect a negative outcome there. However, for the moment, the court has continued a stay that allows current DACA recipients to continue to renew their protections — but only on a temporary and limited basis.
Immigration advocates say the only solution is for Congress to act immediately to provide Dreamers with an earned pathway to citizenship.
“As a child of immigrants and a Texan, I am heartbroken by today’s decision by the 5th Circuit Court of Appeals that is another step closer toward the termination of the Deferred Action for Childhood Arrival policy, said Zaira Garcia, director of FWD.us Texas Immigration. “This leaves hundreds of thousands of immigrants, including 101,000 here in Texas, with prolonged uncertainty for what their future may hold, as the courts make it clear their intention to end a policy that has been so beneficial to their growth and that of our community.
Zaira Garcia
“Not only is this deeply upsetting, but it is egregious that it even got to this point where Congress has failed to codify a pathway to citizenship into law for Dreamers,” Garcia said.
Taking Texas as an example — the state is home to the second largest population of DACA recipients and Dreamers in the U.S. — Garcia said these young adults “are key contributors to the Lone Star State, both socially and economically. Their unwavering dedication to our communities, especially throughout the coronavirus pandemic, proves just how vital they are to the ongoing success of our state. As the daughter of immigrant parents, I grew up watching my parents work hard to remain good stewards of the community while providing for our family.”
She urged: “Congress must right this wrong by establishing a pathway to citizenship before the courts bring an end of DACA to fruition.”
That sentiment was echoed by Dan Gordon of the National Immigration Forum.
“Make no mistake: We are a step closer to the end of Deferred Action for Childhood Arrivals,” he said.
More than 1,000 evangelical Christians from every state sent a letter urging members of Congress to quickly pass legislation to allow Dreamers to pursue citizenship.
“DACA was originally envisioned as a temporary measure, and 10 years after it was announced, it’s clear that it is past time for a permanent solution for Dreamers — one that only Congress can provide,” the letter says.
“Evangelicals have been urging Congress to solve this issue by passing legislation to allow Dreamers to apply for permanent legal status and citizenship for years, but today’s court decision underscores the urgency of action,” said Matthew Soerens, national coordinator of the Evangelical Immigration Table. “Unless Congress acts, hundreds of thousands of Dreamers — and the families, communities, businesses and churches of which they are integral parts — could have their lives upended. We need Congress to act this year.”
“I can’t plan to get married, to have kids, because I don’t know where I’m going to be when my DACA card expires,” Elizabeth Rodriguez, 30, told ABC News. “So that’s the importance of having some sort of legal change. … The only thing that I’m missing is that one piece of paper.”
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