The following statement is attributed to Kate Tummarello, Executive Director of Engine, on the U.S. Court of Appeals for the 5th Circuit ruling in State of Texas v. United States of America.
Statement
“Yesterday’s decision by the U.S. Court of Appeals for the 5th Circuit ruling DACA illegal is a crushing disappointment for the thousands of DACA recipients living and working in the U.S., who provide meaningful contributions to our country, including our startup ecosystem. While existing DACA recipients currently retain their protections, it is clear Congress must act urgently to secure and extend protections for all Dreamers and send the message that they are valued, eliminating the constant threat of deportation.”
Background
On October 5, 2022, the U.S. Court of Appeals for the 5th Circuit ruled the DACA program, which permits hundreds of thousands of immigrants brought to the U.S. as children to live and work in the U.S., illegal, affirming a 2021 lower court decision. The ruling sends the case back to the lower court to consider the fate of the program, in light of the Biden Administration’s recent rulemaking to preserve and fortify the DACA program.
The recent ruling by the three-judge panel did not yet fully shutter the DACA program, maintaining protections, including work authorization, for current recipients. Though the Biden Administration is prohibited from processing new DACA applications, they can continue to process renewal applications for those who have already received DACA status. Without Congressional action, Dreamers will continue to face uncertainty and countless sectors, including the U.S. innovation ecosystem, will suffer. Not only do immigrants found new businesses at a higher rate than those born in the U.S., but DACA recipients themselves are overwhelmingly entrepreneurial. Moreover, they fill gaps in critical STEM fields, including in healthcare and technology, providing talent on which many American businesses, including startups, rely.
