WASHINGTON — Members of the Congressional Hispanic Caucus raised serious concerns Thursday about the impact of a recent Department of Justice decision that will make it easier to deport hundreds of thousands of people brought into the country unlawfully as children, referred to as Dreamers.
Texas Democratic Rep. Joaquin Castro said the April 24 decision from the Department of Justice’s Board of Immigration Appeals, “put a target for deportation on every single Dreamer in this country.”
The decision from the BIA found that having Deferred Action for Childhood Arrivals, or DACA, status is not enough to prevent a deportation, making it easier for Dreamers to be removed from the U.S. There are roughly 500,000 DACA recipients.
The case before the three-judge panel stemmed from an appeal from immigration attorneys from the Department of Homeland Security after an immigration judge terminated removal proceedings for a DACA recipient, Catalina “Xóchitl” Santiago that cited her status as reason she could not be deported.
While the decision does not mean Santiago will be immediately deported, it does set precedent for similar cases.
Separately, immigration advocates have warned that DACA recipients have been swept up in President Donald Trump’s mass deportation drive and have been detained despite their legal status.
Congressional Hispanic Caucus Chair Adriano Espaillat said the decision will allow immigration judges to remove DACA recipients first without terminating their status.
“Before, you had to terminate their DACA status, before they got deported,” the New York Democrat said. “Now they could go straight ahead and do this egregious action by the Board of Immigration Appeals. This is a serious escalation (of) the assault against DACA recipients.”
Spokespeople for the Justice Department did not return a message seeking comment Thursday.
Trump ‘crusade’ against DACA
Democratic Sen. Catherine Cortez Masto of Nevada said the recent decision “is the Trump administration’s latest move to attack Dreamers.” She criticized Trump for going back on his comments that he would “work with the Democrats on a plan,” to keep DACA recipients in the country.
“That is just an indefensible decision,” she said. “Their ruling on DACA is a clear escalation in President Trump’s crusade to strip protections from DACA recipients. He is attacking the program from every angle.”
DACA was created by President Barack Obama’s administration in 2012 to protect eligible residents from deportation and allow them to obtain temporary work permits, driver’s licenses and to qualify for in-state tuition for higher education.
In Trump’s first term, he tried to rescind the program in 2017 by halting new applications and sending hundreds of thousands of recipients across the country into limbo. The Supreme Court eventually ruled against the Trump administration.
Some Republican-led states have challenged the legality of DACA and an appeals court allowed for work permits to expire in Texas, but kept deportation protections.
