Dear Chair Durbin:
We are writing to ask that you schedule an Executive Business Meeting of the Senate Judiciary
Committee to consider legislation to offer permanent legal status to only currently enrolled and
active participants in the Deferred Action for Childhood Arrivals (DACA) program.
The Judiciary Committee recently held a hearing to discuss the American Dream and Promise
Act of 2021, which would provide a pathway to citizenship for an estimated 4.4 million illegal
immigrants. As you knew when scheduling the hearing, there is no clear and politically viable
path forward for such legislation in Congress. However, given the DACA program's shaky legal
foundations, the most urgent need is to advance a solution for our currently enrolled DACA
recipients.
At the hearing your witness, Dr. Manuel Bernal Mejia, indicated that he would support a bill that
provides permanent legal status only to active DACA recipients. He stated, "Personally, I would
support such legislation if it meant a permanent solution for me and all the other DACA
recipients currently, because it's been many years and, frankly, we're all tired of waiting and
having our life up in the air. I think we're ready for a permanent solution."
Dr. Mejia is right: we need to act now to provide permanent protection to DACA recipients. The
question ofwhether to permanently enjoin the DACA program is currently pending before the
U.S. District Court for the Southern District of Texas, and Judge Andrew Hanen could be
expected to rule at any time. In 2018, Judge Hanen found that DACA likely violates the
substantive provisions of the Administrative Procedure Act, in part because it "would grant
lawful presence and work authorization to a million people or more for whom Congress has
made no provision and has refused to make such a provision time and time again." Texas v.
United States, 328 F. Supp. 3d 662, 723 (S.D. Tex. 201.
We agree that the DACA program contravenes the Immigration and Nationality Act and believe
it was likely unconstitutional when issued by President Obama. Even so, we are concerned that
people like Dr. Mejia-who rely on the program and came out of the shadows to participate in
our economy-will lose their employment authorization when the program is ultimately struck
down. The decision whether to extend permanent legal status to DACA recipients properly falls
within the Article I prerogatives of Congress.
Therefore, we ask that you schedule a markup of a bill that only addresses the population with
the most urgent need: active DACA recipients. In addition, Senators should be free to offer
reasonable amendments to this bill through an open amendment process, and receive an up-or-

Did not copy second page. Here is the link

https://www.cornyn.senate.gov/sites/...0re%20DACA.pdf