~qt 1~a~i~ingtnn, i1niti~i ~tati~ ti~ qtnngri~i~ nfaug 01, 2017  · darren soto member of congress...

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Qtnngri~i~ nf tI~ I1niti~i ~tati~ 1~a~I~ingtnn, ~Qt 20515 August 1, 2017 President Donald J. Trump The White House 1600 Pennsylvania Ave., NW Washington, D.C. 20500 Dear Mr. President: We respectfully request that you continue Deferred Action for Childhood Arrivals (DACA) and engage in a vigorous legal defense of DACA in light of the renewed threat of litigation. Along with continuing to accept requests for DACA, we ask that you direct your administration to: (a) oppose any efforts to challenge DACA in the ongoing Texas v. United States litigation;’ (b) ask the court to dismiss the complaint 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 usurp your authority, delivered to you an ultimatum threatening a legal challenge to DACA unless you ended the program by September 5, 2017. DOJ has already made problematic decisions in choosing not to oppose Texas’ request to stay the proceedings.2 We are further disturbed by Secretary Kelly’s comments that he does not believe DACA is legally or constitutionally defensible.3 Finally, we are concerned that Attorney General Jeff Sessions, who has historically opposed DACA, is now trying to abrogate your authority 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 for the constitutionality of DACA.5 We commend your Administration’s continuation of DACA and encourage you to keep DACA in place until Congress enacts a permanent legislative solution for this population. As you know, over 787,000 individuals currently possess a grant of DACA, all of whom were thoroughly vetted for national security and criminal backgrounds.6 Ending DACA would increase the nation’s undocumented population, profoundly and negatively impact our nation’s economy, contracting the nation’s GDP by $ 460.3 billion. 7Additionally, this reduces federal tax contributions to Social Security and Medicare by $24.6 billion over a decade, and costs businesses $3.4 billion in unnecessary turnover costs.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 kelly daca-legal-challenge-240470. David Lauter, Trump says he’ll make the final call on DAcA, not subordinates, L.A. Times, July 13, 2017, available at 1499977334-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/reports studies/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 American Progress, 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 at htt s://www.ilrc.or re ort-daca-economic-cost. PRINTED ON RECYCLED PAPER

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Page 1: ~Qt 1~a~I~ingtnn, I1niti~i ~tati~ tI~ Qtnngri~i~ nfAug 01, 2017  · Darren Soto Member of Congress V Mark Takano Member of Congress Tim Ryan Member of ‘ Q John Sarbanes Member of

Qtnngri~i~ nf tI~ I1niti~i ~tati~1~a~I~ingtnn, ~Qt 20515

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.

PRINTED ON RECYCLED PAPER

Page 2: ~Qt 1~a~I~ingtnn, I1niti~i ~tati~ tI~ Qtnngri~i~ nfAug 01, 2017  · Darren Soto Member of Congress V Mark Takano Member of Congress Tim Ryan Member of ‘ Q John Sarbanes Member of

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

rAA~’’,4 ~

Donald S. Beyer Jr. jMember of Congress

Suzan jBonamiciMember of C.ngress

Juli BrownleyMember of Congress

Tony : rdenasMember of Congress

Kathy CastoMember of Congress

Sincerely

~hJA~ tAd’Raü Grijalva dMember of Congress

2Nancy Pelo’ Steny H. HoyerDemocratic Leader Minority Whip

1~IQU~YD.L,“udy Chu ~‘tte D. ClarkeMember of Congress - mber of Congress

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!i IISalud 0. CarbajalMember of Congress

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Member of CongressAndre~C~n_Member of Congress

Page 3: ~Qt 1~a~I~ingtnn, I1niti~i ~tati~ tI~ Qtnngri~i~ nfAug 01, 2017  · Darren Soto Member of Congress V Mark Takano Member of Congress Tim Ryan Member of ‘ Q John Sarbanes Member of

~, ~)~~P~tquin CastroMember of Congress

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atherine ClarkMember of Congress

A~n Conyers, J’Membe1.f C~A gress

pr4 ~JimCo’ aMember of Congress

Val Butler DemingsMember of Congress

Debbie DingellMember of Congress

4/,7 avid N. CicillineMember of Congress

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Wm. Lacy CLiMembe ~ .. ongress

/; ,f))Jim Co. .eMember of Congress

Joe CourtneyMember of Congress

Alma AdamsMember of Congress

IS teve CohenMember o ongres

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L~r Correa‘mber • Congress

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CharieCristMember of Congress

aJosh GottheimerMember of Congress

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Peter . DeFa oMember of C • gress

Letter to President TrumpPage 3

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Danny K 1 avis Susan A. DavisMember ~ Congress Member of Congress

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Diana DeGette Rosa L. DeLauro Suzan DelBeneMember of Congress Member of Congress Member of Congress

Mark DeS aulnierMember of Congress

L\yd )oggettMember of Congress

Ted Deutchof Congress

of Congress

Page 4: ~Qt 1~a~I~ingtnn, I1niti~i ~tati~ tI~ Qtnngri~i~ nfAug 01, 2017  · Darren Soto Member of Congress V Mark Takano Member of Congress Tim Ryan Member of ‘ Q John Sarbanes Member of

Letter to President Trump

Eliot L. Engel na G. Eshoo Adriano EspaillatMember of Congress Member of Congress Member of Congress

c~l~121~1L~2d 4

Dwig Evans Bill Foster F Lois Fran elMember of Congress Member of Congress Member of Congress

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Marcia L. Fudge Tulsi Gabbard Ruben GallegoMember of Congress Member of Co •ress Memb

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— w •~,,jiv y ~ - - Vicente Gonzalez 1 Green~~‘ember of Congress Member of Congress Memb~ ~1’ C~ress

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Gene Green Luis V. Gutierrez Colleen anabusaMember of Congress Member of Congress Member • Congress V

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Denny H-~ J~ Huffman / / Pramila Jayap~Member o Congress Member of Co gr Member of Co :ress

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Hakeern Jeffrie Eddie Bernice Johnson Marcy Kat!~rMember of Congress Member of Congress Member of Congress

William R. Keati ~r~i” P. Kennedy, III Ro Khanna V

Member of Congress Member of Congress Member of Congress

O /7Ruben J. Kihuen s R. Langevi ~ V Rick LarsenMember of Congress ember of Congress Member of Congress

A S l~.. I~W~AA~ - IIS~’ ‘dLI~n B. ar ~n Barbara Lee Sander

Member of Congress Member of Congress Member o ongress

Page 5: ~Qt 1~a~I~ingtnn, I1niti~i ~tati~ tI~ Qtnngri~i~ nfAug 01, 2017  · Darren Soto Member of Congress V Mark Takano Member of Congress Tim Ryan Member of ‘ Q John Sarbanes Member of

Letter to President TrumpPage 5

mel W. LipinskiMember of Congress

Carolyn MaloneyMember of Congress

40/é).- ofgrenember oft. :ress

Ben Ray ~Member of Congress

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Ted W. LieuMember of Congress

Alan Lowenthal Nita . oweyMember of Congress Member of Congress

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Member of Congress

•Doris Matsui

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Al P .0A. Donald McEac

A~cIchw-~1~~Li W~*’~Betty M CollumMember of Congress

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~/‘ McNerney j Gr.j Mengember of Congress M~u ber of Congress

A ~J~~Seth Moulton Stephanie urphyMember of Congress Member of Congress

IJerroldNadler e F. Napoli ~tnoMember of Congress Member of Congress

• gress

Ann McLane KusterMember of Congress

Eleanor Holmes NortonMember of Congress

A

Frank Pallone, Jr.Member of Congress

Donald NorcrossMember of Congress

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Beto O1Rc~urkeMember of Congress

I.Tom 0’HalleranM- ~ero ;~ress

y Panettaember of Congress

William PascrellMember of Congress

Page 6: ~Qt 1~a~I~ingtnn, I1niti~i ~tati~ tI~ Qtnngri~i~ nfAug 01, 2017  · Darren Soto Member of Congress V Mark Takano Member of Congress Tim Ryan Member of ‘ Q John Sarbanes Member of

Letter to President TrumpPage 6

~-~1Ironald ~Member of Congress

Member of Congress

Mike QuigleyMember of Congress

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1~lle ‘o”bal-AllardMember of Congress

/1Cedric RichmondMember of Congress

Schakowskyember of Con:ress

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Kurt SchraderMember of Congress

BradMe gress

Ed PerimutterMember of Congress

Ad’J.~d PolisMember of Con ress

‘~mie Raskinember of Congress

Dutch RuppersbergerMember of Congress

Darren SotoMember of Congress

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Mark TakanoMember of Congress

Tim RyanMember of

Q‘ John SarbanesMember of Congress

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Bradley S’ chneiderMember of Congress

Chellie Pingree-. ber of Congress

David E. PriceM- berofC’j~ess

J~yRos~.W mber • Congress

Linda T. SanchezMember of Congress

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I = ‘am iff /7Member of Congress

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Bobby Scott E. SerranoMember of Congress Memb - r of Congress

Ad__—, - /~AlbioS~”s ~f l.uisesiaug erMe r of Congress Member of Con:

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Mike ThompsonMember of Congress

Adam Smi- mber of Congress

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EricSMember of Congress

Page 7: ~Qt 1~a~I~ingtnn, I1niti~i ~tati~ tI~ Qtnngri~i~ nfAug 01, 2017  · Darren Soto Member of Congress V Mark Takano Member of Congress Tim Ryan Member of ‘ Q John Sarbanes Member of

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Dma TitusMember of Congress

Niki TsongasMember of Congress

Filemon VelaMember of Congress

14 4Paul D. TonkoMember of Congress

Y’7&)mt7 &OOa~-’Norma J. Torres fJMember of Congre~

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4(~)4~ Vargas Marc Veasey~mber of Coi~ress

,~d ,4 ~ ~__~~f‘-~f~’1fL. wN, dia M. VelázquezMember of Congress

Gregorio Kilili Cam~ o Sablane er of Congress

Peter Welch

I i,7 VDebbie Wasserman SchultMember of Congress

John YarmuthI-mberof ~ gress

Tim WalzMember of Congress

~annie Watson Colemanember of Congress

Gregory ~ eeksMember of Congress

Sheila Jackson LeeMember of Congress

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E. Cly’ irn “Scott Pet~~’ber of on:ress Member of Congress

KilmerMember of Congress

Cc: The Honorable Jeff Sessions, Attorney General, U.S. Department of Justice