Democrats are making one final push to salvage the Deferred Action for Childhood Arrivals program and establish protections for hundreds of thousands of immigrants before Republicans are expected to take control of the House in January.
The last-ditch effort comes amid a lame-duck period within the halls of Congress as Democrats prepare for the likelihood of ceding control of the lower chamber to the Republican Party. Democrats have long called for a permanent solution to the DACA program, which allows more than 830,000 immigrants, or “Dreamers,” who were brought to the United States as children, to live and work in the country without fear of being deported.
SENATE DEMOCRATS COURTING 10 REPUBLICANS TO LEGALIZE DACA IN LAME-DUCK SESSION
“We have Dreamers all across America, look at the jobs they hold: teachers, nurses, essential health workers,” said Senate Majority Whip Dick Durbin (D-IL), who originally authored the Dream Act. “It’s a commitment that they make to this country every single day to prove that we were right initially that these young people can make America better. We need Dreamers now more than ever, and we need to make sure that this Congress responds to the political reality we’re facing.”
Republicans have opposed expanding protections for Dreamers unless Democrats agree to increase security at the southern border and limit the number of asylum-seekers who are allowed into the country, compromises that lawmakers on the Left are unlikely to make. However, House Democrats have vowed to make DACA one of their top priorities in the final weeks of the 117th Congress, signaling they could reach agreements with Republicans.
“We have time and time again stood on the right side. We’re waiting for Republicans in the Senate to do the same,” said Rep. Pete Aguilar (D-CA) in a press conference on Tuesday. “I’m sure that Sen. Padilla, Sen. Menendez, Sens. Cortez Masto and Ben Ray Luhan as well as Chairman Dick Durbin are working on these issues as well. We hope that they can resolve them and we stand to be willing partners in that discussion moving forward.”
The future of DACA is uncertain, and its legality has been unclear over the last several years. Federal courts are expected to end the executive order as early as next year, especially after the 5th U.S. Circuit Court of Appeals ruled last month that DACA was illegal. However, the court ruled that Dreamers are still protected under the program while a lower court reviews a new DACA rule put forward by the Biden administration.
The question is likely to head to the Supreme Court, where a conservative majority is poised to strike the program down.
“We put proposals forth time and time again,” said Senate Majority Leader Chuck Schumer. “But the election is now over. … Now, let’s do the right thing. Now, let’s roll up our sleeves and get this done.”
DACA was first created in 2012 by then-President Barack Obama after Congress repeatedly stalled on passing a law that provided a pathway to citizenship for illegal immigrants who were brought to the country as children.
The program allowed noncitizens who were then under the age of 31 and entered the country before turning 16 to ask the government not to deport them. DACA recipients also received documents to work in the U.S. legally.
If the program is struck down, 1,000 Dreamers could lose their jobs each week in labor market sectors that are already experiencing shortages and declines, such as healthcare and education, according to Democratic lawmakers.
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To pass expanded protections under DACA, Democrats need at least 10 Republicans in the Senate to back their legislation. At least four or five have expressed interest, Schumer said, and he has indicated Democratic leaders are working to get more in order to pass legislation before the end of the year.
“My message to Senate Republicans is to work with us,” Schumer said. “Work with us on this widely supported policy so we can reach an agreement that will protect families and strengthen our economy. … We can get it done here. We can get 10 Republicans to join us, and we will get this done by the end of the year because it’s a smart thing to do and it’s the right thing to do.”
