The Fifth Circuit Court of Appeals recently limited a nationwide injunction to only Texas, giving the Administration the greenlight to resume processing initial DACA applications for all other states
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee and lead author of the Dream Act, led 40 Senate Democrats in urging U.S. Citizenship and Immigration Services to resume processing applications for the Deferred Action for Childhood Arrivals (DACA) program, following a Fifth Circuit Court of Appeals ruling that limited a nationwide injunction to Texas.
The Senators began by highlighting the popular support for providing Dreamers a pathway to citizenship, writing: “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.”
The Senators continued by making their request, writing: “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.”
Sunday, June 15 marks the thirteenth anniversary of President Obama establishing the DACA program via policy memorandum in 2012. Since then, more than 825,000 people have received deferred action pursuant to DACA, empowering recipients to bolster their careers and 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 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. More than 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.
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.”
The Senators concluded by reiterating their request, writing: “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.”
In addition to Durbin, the letter is signed by U.S. Senators 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), Tim Kaine (D-VA), 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), Mark Warner (D-VA), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
For a PDF of the letter to USCIS, click here.
Twenty-four years ago, Durbin first introduced the Dream Act—bipartisan legislation that would give undocumented immigrants who grew up in this country a chance to become American citizens.
The Dream Act was also included in the 2013 comprehensive immigration reform bill that Durbin coauthored as part of the “Gang of Eight”—made up of four Democrats and four Republicans. The 2013 bill passed the Senate on a strong bipartisan vote of 68-32, but the Republican leadership of the House of Representatives refused to consider it. Over the years, Senate Republicans have filibustered the Dream Act at least five times.
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