DACA Ruling Puts LGBTQ Dreamers in Danger

New York, NY (September 14, 2023) — Yesterday, federal District Court Judge Andrew Hanen of the Southern District of Texas ruled the Deferred Action for Childhood Arrivals (DACA) program to be unlawful. Immigration Equality staunchly condemns this decision and calls for Congress to take urgent action to provide a more permanent solution for Dreamers. While the decision contains some egregiously erroneous and offensive assertions about immigrants, the Judge nevertheless noted that DACA recipients have long relied on the program to structure their lives. He also acknowledged the benefits DACA recipients provide to the United States.

“This Court has written at length on the reliance interests that DACA recipients have in the continuation of this program. It has also acknowledged the many benefits, both financial and otherwise, that DACA recipients bestow on their communities and this country.”

In response, Immigration Equality’s Executive Director, Aaron C. Morris, issued the following statement:

“Judge Hanen’s decision to dismantle the DACA program, a lifeline for young immigrants who grew up in the U.S., is unsurprising. He did it before, and he’s doing it again. And even as he acknowledges the nationally significant contributions of immigrant young people with DACA, he strikes down their ability to build a life or to contribute to the success of the United States.

“This decision is particularly disturbing for LGBTQ and HIV-positive Dreamers. Without permanent protections, many Dreamers may be deported to countries where they will face human rights violations such as forced conversion therapy, sexual assault, and brutal violence. Some Dreamers also risk returning to countries where being LGBTQ is punishable by incarceration or even the death penalty.

“The judge stayed most of his decision pending appeal. Congress now has a small window to make a difference to help Dreamers and everyone else in the United States. A more permanent and comprehensive solution is desperately needed. A strong bipartisan majority of the nation supports these young people. It is a wildly popular program. And so, we call upon Congress to take immediate action to pass legislation that provides a pathway to citizenship for Dreamers. It is crucial that we address this issue with a sense of urgency and prioritize the well-being of these young individuals, who are integral to the social and economic fabric of our country.

“DACA has been a beacon of hope for countless young people who were brought to the United States as children. It has enabled them to contribute their talents, skills, and aspirations to the country they consider their home. For LGBTQ people in particular, this country is a safe haven for them to live as their authentic selves. The ruling to end DACA not only jeopardizes the dreams and livelihoods of hundreds of thousands of DACA recipients but also undermines the fundamental values of fairness, inclusivity, and the promise of the American dream. Congress must act immediately.”