Kelly, Durbin, Padilla Lead Senate Democrats in Calling Out Trump Administration’s Wrongful Targeting of Dreamers in Illegal Immigration Scheme

Senators to Secretary 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.”

Today, Senators Mark Kelly (D-AZ), Dick Durbin (D-IL), and Alex Padilla (D-CA) 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, illegal targeting of Deferred Action for Childhood Arrivals (DACA) recipients, or dreamers. 

In their letter, the Senators pushed back on recent comments from DHS Assistant Secretary Tricia McLaughlin suggesting Dreamers could still face deportation, noting that DACA was created to protect them: “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.”    

They also pointed to broad public support for Dreamers, reminding Secretary Noem that even President Trump once promised to protect them, and that DHS’s recent actions undercut that promise: “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 urging Secretary Noem to correct the record and stop targeting Dreamers: “We urge you to retract Assistant Secretary McLaughlin’s statement and ensure that DHS recognizes and abides by the protections of DACA moving forward. Recent enforcement actions against DACA recipients not only appear to violate the Fifth Circuit stay, but also disrupt families, harm communities, and inflict unnecessary social, emotional, and economic costs.” 

In addition to Kelly, Durbin, and Padilla, the letter was signed by 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).  

Read the full letter here.   

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