Familias Inmigrantes y Estudiantes en la Lucha (FIEL) Houston has filed a lawsuit in federal court seeking to compel the Trump administration to comply with the Supreme Court ruling in Department of Homeland Security v. Regents of Univ. of Cal., which was widely interperted to mean the executive branch must begin processing the tens of thousands of backlogged Deferred Action for Childhood Arrivals (DACA) applications.
Despite the fact that the Court held DACA must immediately be reinstated, as the United States District Court for the District of Maryland also held on July 17, to its “pre-September 5, 2017 status,” the Executive Branch has resisted. Acting Secretary of the Department of Homeland Security, Chad F. Wolf, released a memo directing his agency to shorten DACA renewals, end the policy of allowing applicants with pending status to leave and then reenter the United States, and “to take all appropriate actions to reject all pending and future initial requests for DACA.”
The American Civil Liberties Union (ACLU) described the actions outlined in the memo as “patently ilegal.” In an interview with Inside Higher Ed, University of Houston Law Center Professor Emeritus Michael Olivas explained, “The Supreme Court said you can’t shut it down without going through the proper channels, which they [DHS] have not yet done.”
“Nobody is above the law,” said Cesar Espinosa, Director of FIEL Houston. “If the Supreme Court gave a decision, [the Trump administration] needs to take action immediately.” His organization filed suit because, he explained, “These young people cannot wait anymore.”
The Houston Chronicle estimates the number of so-called “Dreamers” in Texas would double if the Trump administration accepted both new and outstanding DACA applications.