U.S. Sen. Thom Tillis (R-NC) requested that the U.S. Senate Judiciary Committee schedule a meeting to consider legislation that would provide permanent legal status to only currently enrolled and active participants in the Deferred Action for Childhood Arrivals (DACA) program.
“Given the DACA program’s shaky legal foundations, the most urgent need is to advance a solution for our currently enrolled DACA recipients,” wrote Sen. Tillis and U.S. Sen. John Cornyn (R-TX) in a July 6 letter sent to Senate Judiciary Committee Chairman Dick Durbin (D-IL).
The senators noted that the question of whether to permanently enjoin the DACA program is currently pending before the U.S. District Court for the Southern District of Texas. They also agreed that the DACA program contravenes the Immigration and Nationality Act, saying it was likely unconstitutional when issued by former President Barack Obama.
“Even so, we are concerned that people…who rely on the program and came out of the shadows to participate in our economy will lose their employment authorization when the program is ultimately struck down,” Sen. Tillis and his colleague wrote.
And because the decision whether to extend permanent legal status to DACA recipients properly falls within the Article I prerogatives of Congress, the lawmakers asked that Sen. Durbin schedule a markup of a bill that only addresses the population with the most urgent need: active DACA recipients, according to their letter.
“In addition, senators should be free to offer reasonable amendments to this bill through an open amendment process, and receive an up-or-down vote on those amendments,” wrote the senators. “We expect that such amendments would likely include proposals related to border security, interior enforcement and employment verification programs.”