Attorney General Bonta Criticizes Misguided Texas Court Ruling Upending DACA Program

Friday, July 16, 2021
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OAKLAND – California Attorney General Rob Bonta today criticized a misguided decision by a U.S. District Court in Texas v. United States upending the Deferred Action for Childhood Arrivals (DACA) program nationwide. The ruling blocks new applicants from receiving the program’s critical protections based on the court's erroneous view that DACA is contrary to federal immigration law. It also comes more than a year after a U.S. Supreme Court decision — secured by the State of California and its partners across the country — prevented the Trump Administration from unlawfully curtailing the program. Shortly after taking office, President Biden reversed President Trump's efforts to dismantle the program, instead instructing federal agencies to take actions to "preserve and fortify DACA."

“Today’s decision is not only profoundly misguided, it’s wrong on the law,” said Attorney General Bonta. “Hundreds of thousands of Dreamers have shown every day how critical DACA is for our communities and for our country. The program not only generates billions of dollars for the American economy, its recipients have been on the front lines of this pandemic as doctors, nurses, and other healthcare workers across the country. Bottom line: Ripping these protections away from future applicants is inconsistent with who we are as a nation. California knows what it takes to stand up for DACA, but it’s past time for Congress to act. It’s time to create a real fix for our immigration system. Nevertheless, we always stand ready to support our allies in this critical fight to protect our people and our values.”

Today’s decision is in a case that was brought by a group of states led by Texas. The federal government, the Mexican American Legal Defense and Educational Fund, and the State of New Jersey are defending DACA in the case. Under today’s decision, existing DACA recipients' protections remain in place pending any further court orders.

A copy of the decision is available here. A copy of the amicus brief filed by California and other states in the case in 2018 is available here.

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