The Fifth Circuit Court of Appeals recently limited a nationwide injunction giving the Administration the green light to resume processing initial DACA applications
WASHINGTON – U.S. Senators John Hickenlooper, Michael Bennet, and 39 of their Democratic Senate colleagues sent a letter pushing the Trump administration to immediately resume processing applications for the Deferred Action for Childhood Arrivals (DACA) program.
“Noncitizens brought to the United States as children, often known as Dreamers, are American in every way but their immigration status…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,” the senators wrote.
“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,” they continued.
In 2021, U.S. District Court Judge Andrew Hanen halted the DACA program, temporarily preventing USCIS from approving any new DACA applications nationwide. While the program was on pause, USCIS continued to accept and hold initial applications. Then, in 2022, the Department of Homeland Security published the DACA Final Rule, which codified the 2012 memorandum establishing the DACA program into regulation.
Earlier this year, the Fifth Circuit Court of Appeals issued a decision limiting Judge Hanen’s injunction to Texas. The ruling gives the Trump administration the green light to resume processing DACA applications until a final decision is made. More than 100,000 initial DACA applications are currently pending with USCIS.
Senator Hickenlooper has called for a legal pathway for citizenship for DREAMers, as well as TPS recipients, and essential workers, and is a strong supporter of comprehensive immigration reform.
Full text of the letter 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,1 and in December 2024, President Trump stated that he supported protections for Dreamers to remain in the United States.2 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.3 In response to bipartisan pressure to protect Dreamers until Congress acted, 4 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.7 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. 11 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,
###