HR Policy, Member Companies Urge Congress to Act on DACA

HR Policy joined member companies and business groups in a letter to congressional leadership supporting congressional action to enshrine the Deferred Action for Childhood Arrivals program into federal law. 

The end to this program means that an estimated 22,000 jobs would be lost every month for two years,” the letter reads. “That is roughly 1,000 job losses per business day at a time when the U.S. economy already faces significant workforce shortages. When the last DACA recipient’s work permit expires, the U.S. will have lost more than 500,000 jobs, and the U.S. economy will lose as much as $11.7 billion annually – or roughly $1 billion monthly – in wages from previously employed DACA recipients.” 

Earlier this month, the Fifth Circuit Court of Appeals invalidated DACA, while preserving work status for Dreamers enrolled in the program.  As HR Policy previously reported, the court ruled that DACA exceeds the limits on executive authority under the Immigration and Nationality Act, applying the major questions doctrine that was recently solidified in West Virginia v. EPA. The decision upholds a 2021 ruling by a Texas federal court and remands the case back to the same court to address the DACA rulemaking finalized by the Biden administration this August.

Outlook: It is unlikely we will see movement on any DACA-related legislation for the remainder of the year. In the meantime, the Fifth Circuit case is expected to head to the Supreme Court, which would likely strike down DACA as exceeding executive authority. It is ultimately up to Congress to enact the DACA program or similar protections for dreamers into law.