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August 1, 2017
President Donald J. TrumpThe White House1600 Pennsylvania Ave., NWWashington, D.C. 20500
Dear Mr. President:
We respectfully request that you continue Deferred Action for Childhood Arrivals (DACA) and engage ina vigorous legal defense of DACA in light of the renewed threat of litigation. Along with continuing toaccept requests for DACA, we ask that you direct your administration to: (a) oppose any efforts tochallenge DACA in the ongoing Texas v. United States litigation;’ (b) ask the court to dismiss thecomplaint in United States v. Texas; and (c) refuse any settlement that would end DACA.
On June 29, the Texas Attorney General, along with nine other attorney generals, in an attempt to usurpyour authority, delivered to you an ultimatum threatening a legal challenge to DACA unless you endedthe program by September 5, 2017. DOJ has already made problematic decisions in choosing not tooppose Texas’ request to stay the proceedings.2 We are further disturbed by Secretary Kelly’s commentsthat he does not believe DACA is legally or constitutionally defensible.3 Finally, we are concerned thatAttorney General Jeff Sessions, who has historically opposed DACA, is now trying to abrogate yourauthority and set the Administration’s immigration policies, when, ultimately, you hold that authority.You have stated, you “understand the situation very well” and that the future of DACA is “a decision that[you] make,” not your subordinates.4 Furthermore, as you are aware, there is substantial legal support forthe constitutionality of DACA.5 We commend your Administration’s continuation of DACA andencourage you to keep DACA in place until Congress enacts a permanent legislative solution for thispopulation.
As you know, over 787,000 individuals currently possess a grant of DACA, all of whom were thoroughlyvetted for national security and criminal backgrounds.6 Ending DACA would increase the nation’sundocumented population, profoundly and negatively impact our nation’s economy, contracting thenation’s GDP by $ 460.3 billion. 7Additionally, this reduces federal tax contributions to Social Securityand Medicare by $24.6 billion over a decade, and costs businesses $3.4 billion in unnecessary turnovercosts.8
Texas v. United States, 86 F. Supp. 3d 591 (S.D. Tex. 2015).2 Motion to Stay Merits Proceedings, Texas v. United States, No. 14 CV 00254 (S.D. Tex. July 7, 2017).
Ted Hesson, Kelly won’t com,nit to defending DACA in court, Politico, July 12, 2017, available at http://www.oolitico.com/story/2O 17/07/12/john kellydaca-legal-challenge-240470.
David Lauter, Trump says he’ll make the final call on DAcA, not subordinates, L.A. Times, July 13, 2017, available at1499977334-htmlstorv.html.
Letter from Hiroshi Motomura, Professor of Law, University of California, Los Angeles School of Law, et. al, to Barack H. Obama, President, United States,Nov. 25, 2014, available at httos://pennstatelaw.osu edu/sites/defaultJfilesIdocuments/pdfs/1mmigrants/executive~action~lawprofletter.odf.6 U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, Number of I 821 D, Consideration of Deferred Action for Childhood
Arrivals by Fiscal Year, Quarter, Intake, Biometrics and Case Status: 2012-2017, 1 (March 31, 2017), available at https://www.uscis.gov/tools/reportsstudies/immi ration-forms-data/data-set-form-i-82 Id-deferred-action-childhood arnvals.
Nicole Prchal Svajlenka, Tom Jawetz, and Angie Bautista-Chavez , A New Threat to DACA Could Cost States Billions of Dollars, Center for AmericanProgress, July 21, 2017, https://www.americanorogress.org/issues/jnimj~rationJnewsJ2o 17/07/21/43641 9/new-threat-daca-cost-states-billions-dollars/
Jose Magafia-Salgado, Money on the Table: The Econonjic Cost of Ending DAcA, Immigrant Legal Resource Center, Dec. 2016, available athtt s://www.ilrc.or re ort-daca-economic-cost.
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Letter to President TrumpPage 2
Ultimately, you set the government’s immigration policy, including your Administration’s position inregards to DACA. We urge you to respond to Texas’s threat to your executive authority by directing theAttorney General to use all legal options to defend DACA and ensure that nearly one million DREAMerscontinue to contribute to our nation.
Thank you for your time and consideration. We look forward to your response.
Jim cGo em~ Member of Congress
arenB.fMember o Congress
! LSa ~.rd D. Bishop, J1Member of Congress
/1/Brendan F. BoyleMember of Congress
-~‘ eMichael E. Capu noMember of Congress
4~L~Pete AguilarMember of Congress
AAmi BeraMember of Congress
~:Earl BlumenauerMember of Con:ress
~ nthony G. BrownMember of Congress
Michelle Lujan GrishamMember of Congress
Nanette Diaz Barragán’~r of Congress
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Donald S. Beyer Jr. jMember of Congress
Suzan jBonamiciMember of C.ngress
Juli BrownleyMember of Congress
Tony : rdenasMember of Congress
Kathy CastoMember of Congress
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~hJA~ tAd’Raü Grijalva dMember of Congress
2Nancy Pelo’ Steny H. HoyerDemocratic Leader Minority Whip
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Carolyn MaloneyMember of Congress
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Cc: The Honorable Jeff Sessions, Attorney General, U.S. Department of Justice