Featured Issue: Protect Dreamers

Following the Trump administration's rescission of DACA, there has been increasing pressure from both Democrats and Republicans to pass a permanent legislative solution protecting Dreamers. Americans have long shown overwhelming support for protecting Dreamers - recent polls show that 86 percent of Americans want Dreamers to be able to stay in the country. Dreamers make America a better and stronger nation, and it's time for Congress to pass bipartisan legislation to protect them from deportation and secure them a future as Americans.

On June 12, 2018, Speaker Paul Ryan (R-WI) announced that the House of Representatives will hold votes on two immigration bills. The first, H.R. 4760, sponsored by Judiciary Committee Chairman Bob Goodlatte (R-VA) is an anti-immigrant wish list, and includes provisions that would slash legal immigration, mandate harsh enforcement tactics, criminalize of unlawful presence, and provide only weak protections for a small group of Dreamers. The second, H.R. 6136, backed by Speaker Paul Ryan, pairs Deferred Action for Childhood Arrivals (DACA) provisions with severe cuts to legal immigration, policies that undermine vital protections for vulnerable populations, and ballooning funding for enforcement.

AILA recommended that representatives vote “no” on both bills because they each hold Dreamers hostage in return for provisions that would upend our immigration system and betray our values. On June 21, 2018, the vote on H.R. 4760 failed: 193-231. No Democrats voted for the bill. Forty-one Republicans voted against the bill.

On June 27, 2018, H.R. 6136 failed on a 121-301 vote; 112 Republicans voted against the bill.

For more information, see AILA’s “No” vote recommendation on H.R. 4760 and H.R. 6136.

• Read about all the legislative efforts to protect Dreamers.
• Read the government's announcements and memos from September 5, 2017
• Read about current litigation challenging the rescission of DACA
• Read Reactions and Selected Press Clips on DACA Rescission/Support for DREAM Act

Legislative Efforts to Protect Dreamers

Congressional members from both political parties have introduced legislation that would protect Dreamers. Below are a few of those bills, including the bipartisan, bicameral Dream Act, which AILA supports. Read AILA Policy Brief: How Dreamer Protection Bills Measure Up

• H.R. 6136: Border Security and Immigration Reform Act of 2018
  
  • AILA issued a vote "no" recommendation for H.R. 6136 and H.R. 4760. Both bills hold Dreamers hostage in return for provisions that would upend our immigration system and betray our values.
• Discharge Petition No. 115-10
• H.Res.774: Queen of the Hill Resolution
• S. 1615: Dream Act of 2017
• H.R. 3440: Dream Act of 2017
• H.R. 4796: Uniting and Securing America (USA) Act of 2018
• S. 2367 Uniting and Securing America (USA) Act of 2018
• S. 1852: SUCCEED Act
• H.R. 3591: American Hope Act of 2017
• H.R. 1468: Recognizing America's Children (RAC) Act
• H.R. 4760: Securing America's Future Act of 2018
  
  • AILA issued a vote "no" recommendation for H.R. 6136 and H.R. 4760. Both bills hold Dreamers hostage in return for provisions that would upend our immigration system and betray our values.
  • AILA released a policy brief highlighting a few of the "Securing America's Future Act of 2018" (H.R. 4760) most egregious provisions, including slashes to legal immigration, harsh enforcement tactics, the criminalization of unlawful presence, and weak protections for a small group of Dreamers.

Practice Assistance Resources

AILA has issued a practice alert filing DACA renewal applications in the wake of the California District Court order in Regents of the University of California v. DHS, which directed DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the September 5, 2017, rescission of DACA, including allowing DACA enrollees to renew their enrollments, with certain exceptions.

• Practice Alert: Filing DACA Renewal Applications in the Wake of the January 9 2018, Federal Court Ruling

The American Immigration Council also issued a practice advisory designed to assist attorneys in determining whether DACA recipients might be eligible for other immigration benefits. Please also widely share AILA's consumer advisory (available in English and Spanish) explaining what individuals need to know about the end of DACA.

Government Announcements and Memos since September 5, 2017

• Attorney General Sessions Delivers Remarks on DACA
• DHS Memorandum: Rescission of the June 15, 2012 Memorandum Entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children"
• DHS FAQs: Frequently Asked Questions: Rescission of Deferred Action for Childhood Arrivals (DACA)
• DHS Issues Fact Sheet on Rescission of Deferred Action for Childhood Arrivals Program
• Letter from Attorney General Sessions to DHS Acting Secretary Duke on the Rescission of DACA

Litigation Challenging DACA Rescission

• DACA Recipients File Lawsuit Challenging DACA Rescission (Garcia v. Trump, 9/18/17)
• NAACP Files Lawsuit Challenging DACA Rescission (NAACP v. Trump, 9/18/17)
• California and Three Other States File Lawsuit Challenging DACA Rescission (California v. DHS, 9/11/17)
• University of California Files Lawsuit Challenging DACA Rescission (Regents of the University of California v. DHS, 9/8/17)
• States File Lawsuit Challenging DACA Rescission (New York v. Trump, 9/6/17)
• DACA Recipient Challenges Revocation of DACA Program in District Court (Batalla Vidal et al. v. Baran et al., 9/5/17)
• Maryland District Court Declines to Enjoin Rescission of DACA Program (Casa de Maryland v. DHS, 3/5/18)

Cite as AILA Doc. No. 17072035.