Durbin, Padilla, Kelly Lead Senate Democrats In Calling Out Trump Administration's Wrongful Targeting Of DACA Recipients In Illegal Immigration Scheme

Durbin, Padilla, Kelly Lead Senate Democrats In Calling Out Trump Administration's Wrongful Targeting Of DACA Recipients In Illegal Immigration Scheme

Senators to Noem: "Actions like this one, targeting DACA holders who are lawfully in the United States, and who have committed no crime, help explain why a majority of the American public disapproves of the Trump Administration's track record on immigration"

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senators Alex Padilla (D-CA) and Mark Kelly (D-AZ) led a group of 38 Senate Democrats in pressing U.S. Department of Homeland Security (DHS) Secretary Kristi Noem on the Trump Administration's wrongful targeting of Deferred Action for Childhood Arrivals (DACA) recipients in its mass deportation scheme.

The Senators began by citing a troubling statement from DHS Assistant Secretary Tricia McLaughlin, which is contradicted by public DHS guidance, writing: "McLaughlin said: 'Illegal aliens who claim to be recipients of Deferred Action for Childhood Arrivals (DACA) are not automatically protected from deportation.' In fact, DACA was created to provide protections from immigration enforcement for certain noncitizens brought to the United States as children, also known as Dreamers, who undergo strict background checks and meet specific educational or work requirements. In contrast to Ms. McLaughlin's puzzling statement, public DHS guidance makes clear that DACA holders are 'not considered to be unlawfully present' in the United States and that '[a]n individual who has received deferred action is authorized by DHS to be in the United States for the duration of the deferred action period.'"

The Senators then contrasted this statement and the Administration's actions regarding DACA with the overwhelming public support for Dreamers, writing: "Americans overwhelmingly support providing Dreamers a path to citizenship, and in December 2024, then-President-elect Trump stated that he supported protections for Dreamers to remain in the United States. The Fifth Circuit Court of Appeals kept in place a stay that protects current DACA holders and limited a nationwide injunction on new DACA approvals to the state of Texas. In June, 41 Senators sent United States Citizenship and Immigration Services (USCIS) a letter requesting that USCIS begin processing new DACA applications, consistent with these decisions. Instead of doing so, DHS has issued a statement urging DACA holders-who know no home but the United States-to 'self-deport.' It was also disturbing to see DHS recently waste taxpayer dollars on the prolonged detention of a deaf and non-verbal DACA holder with no criminal history, contrary to your claims that the Trump Administration is arresting the 'worst of the worst.'"

The Senators concluded by highlighting the unpopularity of Trump Administration's immigration agenda, before making a series of information requests, writing: "Actions like this one, targeting DACA holders who are lawfully in the United States, and who have committed no crime, help explain why a majority of the American public disapproves of the Trump Administration's track record on immigration."

In addition to Durbin, Padilla, and Kelly, the letter is signed by U.S. Senators Angela Alsobrooks (D-MD), 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), Mazie Hirono (D-HI), Tim Kaine (D-VA), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Ed Markey (D-MA), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Chris Van Hollen (D-MD), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), Ron Wyden (D-OR)

For a PDF copy of the letter to Secretary Noem, 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.

In 2010, Durbin sent a letter, joined by the late Senator Richard Lugar (R-IN), asking then-President Obama to stop the deportation of Dreamers. Thirteen years ago, President Obama responded by announcing the DACA program. More than 835,000 Dreamers have since come forward and received DACA, which has allowed them to contribute more fully to their country as teachers, nurses, doctors, engineers, and small business owners.

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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