Rep. Maloney Joins Over 100 Members of Congress to Demand USCIS Accept New DACA Applications

Jul 2, 2020
Press Release

WASHINGTON, DC – Yesterday, Congresswoman Carolyn B. Maloney (D-NY) joined 110 House Democrats and Members of the Congressional Hispanic Caucus (CHC) to demand that the U.S. Citizenship and Immigration Services (USCIS) immediately begin accepting new applications for the Deferred Action for Childhood Arrivals (DACA) program. In a letter to Acting DHS Deputy Secretary Ken Cuccinelli, Members of Congress demanded USCIS provide clear guidance and immediately begin accepting new DACA applications.

“We should not need to tell you that under our Constitution, the U.S. Supreme Court, not the Administration, determines whether the rescission of DACA was lawful,” the Members wrote.  “USCIS and the Administration must faithfully administer our nation’s immigration laws by providing clear guidance implementing the Court’s order.”

The letter was signed by CHC Chairman Joaquin Castro (TX-20), Judiciary Chairman Jerrold Nadler (NY-10), Congresswoman Lucille Roybal-Allard (CA-40), Congresswoman Zoe Lofgren (CA-13), First Vice Chair Ruben Gallego (AZ-07), Second Vice Chair Nanette Diaz Barragán (CA-44), Whip Adriano Espaillat (NY-13), Freshman Representative Veronica Escobar (TX-16), Congresswoman Nydia Velázquez (NY-12), Congresswoman Pramila Jayapal (WA-7), Congressman Raúl M. Grijalva (AZ-3), Congressman Tony Cárdenas (CA-29), Congresswoman Yvette D. Clarke (NY-9), Congresswoman Sylvia R. Garcia (TX-29), Congressman Vicente Gonzalez (TX-15), Congressman Adam Schiff (CA-28), Congressman Al Green (TX-9), Congresswoman Alexandria Ocasio-Cortez (NY-14), Congressman André Carson (IN-7), Congressman Anthony Brown (MD-04), Congressman Ben Ray Luján (NM-3), Congresswoman Bonnie Watson Coleman (NJ-12), Congressman Cedric Richmond (LA-2), Congressman David N. Cicilline (RI-1), Congresswoman Deb Haaland (NM-01), Congresswoman Dina Titus (NV-3), Congressman Dwight Evans (PA-3), Congressman Eliot L. Engel (NY-16), Congressman Frank Pallone, Jr. (NJ-06), Congressman Adam Smith (WA-9), Congressman Alan Lowenthal (CA-47), Congresswoman Alma S. Adams, Ph.D. (NC-12), Congresswoman Ann Kirkpatrick (AZ-2), Congresswoman Ayanna Pressley (MA-7), Congressman Bennie G. Thompson (MS-2), Congresswoman Brenda L. Lawrence (MI-14), Congressman Danny K. Davis (IL-7), Congressman David Scott (GA-13), Congresswoman Debbie Mucarsel-Powell (FL-26), Congressman Donald M. Payne, Jr. (NJ-10), Congressman Earl Blumenauer (OR-3), Congressman Emanuel Cleaver, II (MO-5), Congressman Gerald E. “Gerry” Connolly (VA-11), Congressman Albio Sires (NJ-8), Congressman Ami Bera, M.D. (CA-7), Congresswoman Anna G. Eshoo (CA-18), Congresswoman Barbara Lee (CA-13), Congressman Bobby L. Rush (IL-1), Congresswoman Carolyn B. Maloney (NY-12), Congressman Darren Soto (FL-09), Congressman David Trone (MD-06), Congresswoman Diana DeGette (CO-1), Congresswoman Doris Matsui (CA-7), Congresswoman Eleanor Holmes Norton (DC-At Large), Congressman Filemon Vela (TX-34), Congressman Gilbert R. Cisneros, Jr. (CA-39), Congresswoman Grace F. Napolitano (CA-32), Congressman Gregory W. Meeks (NY-5), Congressman Henry C. "Hank" Johnson, Jr. (GA-4), Congresswoman Jackie Speier (NY-14), Congressman Jim Langevin (RI-2), Congressman Jared Huffman (CA-2), Congressman Jesús "Chuy" García (IL-04), Congressman Joe Neguse (CO-2), Congressman Juan Vargas (CA-51), Congresswoman Karen Bass (CA-33), Congresswoman Linda T. Sánchez (CA-38), Congresswoman Lori Trahan (MA-3), Congressman Mark Pocan (WI-2), Congresswoman Nita M. Lowey (NY-17), Congressman Pete Aguilar (CA-31), Congressman Raja Krishnamoorthi (IL-8), Congressman Raul Ruiz, M.D. (CA-36),Congressman Salud Carbajal (CA-24), Congresswoman Grace Meng (NY-6), Congresswoman Gwen Moore (WI-4), Congresswoman Ilhan Omar (MN-5), Congresswoman Jahana Hayes (CT-5), Congressman Jamie Raskin (MD-8), Congressman Jason Crow (CA-6), Congressman Jimmy Gomez (CA-34), Congressman José Serrano (NY-15), Congresswoman Judy Chu (CA-27), Congresswoman Katherine Clark (MA-5), Congresswoman Lisa Blunt Rochester (DE-At-large), Congresswoman Madeleine Dean (PA-4), Congressman Mark Takano (CA-41), Congresswoman Norma Torres (CA-35), Congressman Peter DeFazio (OR-04), Congresswoman Rashida Tlaib (MI-13), Congresswoman Rosa DeLauro (CT-03), Congressman Scott H. Peters (CA-54), Congressman Greg Stanton (AZ-9), Congressman Hakeem Jeffries (NY-8), Congressman J. Luis Correa (CA-46), Congressman James P. McGovern (MA-2), Congresswoman Jan Schakowsky (FL-9), Congresswoman Jennifer Wexton (VA-10), Congressman Jimmy Panetta (CA-20), Congressman Joseph P. Kennedy III (MA-3), Congresswoman Julia Brownley (CA-26), Congresswoman Kathleen M. Rice (NY-4), Congressman Lloyd Doggett (TX-35), Congressman Marc Veasey (TX-33), Congressman Steven Horsford (NV-04), Congresswoman Susan Davis (CA-53), Congressman Ted Lieu (CA-33),  Congresswoman Suzanne Bonamici (OR-1), Congresswoman Terri Sewell (AL-07), and Congressman TJ Cox (CA-21).

 

Full text of the letter follows and can be found here.

 

Dear Mr. Cuccinelli, 

We are writing to urge U.S. Citizenship and Immigration Services (USCIS) to immediately begin accepting new applications for the Deferred Action for Childhood Arrivals (DACA) program.

On June 18, 2020, in an opinion authored by Chief Justice Roberts, the Supreme Court ruled that the Trump administration’s attempted rescission of DACA was arbitrary and capricious, in violation of the Administrative Procedure Act.  This conclusion rests on the well-settled principle of administrative law that “[a]n agency must defend its actions based on the reasons it gave when it acted,” a principle that the Department of Homeland Security violated in its haste to deport hundreds of thousands of Dreamers.[1]

We were disturbed to see that the USCIS website includes a statement that the recent U.S. Supreme Court decision “has no basis in law.”[2] As noted above, the Court correctly held that the Trump administration violated fundamental tenets of administrative law in its eagerness to end DACA.  We should not need to tell you that under our Constitution, the U.S. Supreme Court, not the Administration, determines whether the rescission of DACA was lawful.[3] USCIS and the Administration must faithfully administer our nation’s immigration laws by providing clear guidance implementing the Court’s order. 

The Supreme Court’s decision was also a moral victory for the hundreds of thousands of Dreamers across our country, for their families and communities, and for our core values as a nation of immigrants.  We were extremely disappointed to see Administration officials ignore their mandate and use USCIS’s public platform to make a political attack undermining the rule of law and Dreamers. 

We ask that you not only remove the statement, but also provide clear guidance to the public and USCIS employees that you will immediately begin accepting new DACA applications and will resume accepting and adjudicating applications for advance parole for DACA recipients.

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