Letter to Kenneth Cuccinelli, Acting Director of the United States Citizenship and Immigration Services - Rep. Maloney Joins Over 100 Members of Congress to Demand USCIS Accept New DACA Applications


By: Gwen Moore, Mark Pocan, Adam Smith, Pramila Jayapal, Gerry Connolly, Jennifer Wexton, Lloyd Doggett II, Filemon Vela, Jr., Marc Veasey, Sylvia Garcia, Joaquin Castro, Veronica Escobar, Al Green, Jim Langevin, David Cicilline, Madeleine Dean, Dwight Evans, Peter DeFazio, Earl Blumenauer, Suzanne Bonamici, Anthony Gonzalez, Nita Lowey, Eliot Engel, José Serrano, Alexandria Ocasio-Cortez, Adriano Espaillat, Jerry Nadler, Yvette Clarke, Hakeem Jeffries, Nydia Velázquez, Grace Meng, Gregory Meeks, Kathleen Rice, Steven Horsford, Dina Titus, Ben Lujan, Jr., Deb Haaland, Bonnie Watson Coleman, Don Payne, Jr., Albio Sires, Frank Pallone, Jr., Alma Adams, Bennie Thompson, Emanuel Cleaver II, Ilhan Omar, Brenda Lawrence, Rashida Tlaib, Jamie Raskin, David Trone, Anthony Brown, Ayanna Pressley, Katherine Clark, Joe Kennedy III, Lori Trahan, Jim McGovern, Cedric Richmond, André Carson, Jan Schakowsky, Raja Krishnamoorthi, Danny Davis, Chuy Garcia, Bobby Rush, David Scott, Hank Johnson, Jr., Debbie Mucarsel-Powell, Darren Soto, Lisa Blunt Rochester, Eleanor Norton, Jahana Hayes, Rosa DeLauro, Jason Crow, Joe Neguse, Diana DeGette, Susan Davis, Scott Peters, Juan Vargas, Alan Lowenthal, Lou Correa, Nanette Barragán, Mark Takano, Lucille Roybal-Allard, Gil Cisneros, Linda Sánchez, Karen Bass, Raul Ruiz, Norma Torres, Jimmy Gomez, Ted Lieu, Grace Napolitano, Pete Aguilar, Tony Cárdenas, Adam Schiff, Judy Chu, Julia Brownley, Salud Carbajal, T.J. Cox, Jimmy Panetta, Zoe Lofgren, Anna Eshoo, Jackie Speier, Barbara Lee, Ami Bera, Doris Matsui, Jared Huffman, Greg Stanton, Ruben Gallego, Raul Grijalva, Ann Kirkpatrick, Terri Sewell, Carolyn Maloney
Date: July 1, 2020
Location: Washington, DC
Issues: Immigration

Dear Mr. Cuccinelli,

We are writing to urge U.S. Citizenship and Immigration Services (USCIS) to immediately begin accepting new applications for the Deferred Action for Childhood Arrivals (DACA) program.

On June 18, 2020, in an opinion authored by Chief Justice Roberts, the Supreme Court ruled that the Trump administration's attempted rescission of DACA was arbitrary and capricious, in violation of the Administrative Procedure Act. This conclusion rests on the well-settled principle of administrative law that "[a]n agency must defend its actions based on the reasons it gave when it acted," a principle that the Department of Homeland Security violated in its haste to deport hundreds of thousands of Dreamers.[1]

We were disturbed to see that the USCIS website includes a statement that the recent U.S. Supreme Court decision "has no basis in law."[2] As noted above, the Court correctly held that the Trump administration violated fundamental tenets of administrative law in its eagerness to end DACA. We should not need to tell you that under our Constitution, the U.S. Supreme Court, not the Administration, determines whether the rescission of DACA was lawful.[3] USCIS and the Administration must faithfully administer our nation's immigration laws by providing clear guidance implementing the Court's order.

The Supreme Court's decision was also a moral victory for the hundreds of thousands of Dreamers across our country, for their families and communities, and for our core values as a nation of immigrants. We were extremely disappointed to see Administration officials ignore their mandate and use USCIS's public platform to make a political attack undermining the rule of law and Dreamers.

We ask that you not only remove the statement, but also provide clear guidance to the public and USCIS employees that you will immediately begin accepting new DACA applications and will resume accepting and adjudicating applications for advance parole for DACA recipients.