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2018-08

EMERGENCY RESOLUTION: End the Uncertainty and Create a Pathway to Citizenship for Dreamers Now

REPRESENTATIVE ANGEL CRUZ (PA), PRESIDENT

Sponsored by: NHCSL President, Rep. Angel Cruz (PA)

Cosponsored by: Sen. Carmelo Ríos (PR), Rep. Juan Candelaria (CT), Sen. Moisés “Mo” Denis (NV), Rep. Rafael Hernández (PR), Sen. Richard Martínez (NM), Rep. Ángel Matos (PR), Rep. Joseph “Joe” Miró (DE), Rep. Félix Ortiz (NY), Rep. Louis Ruiz (KS), Rep. Carlos Tobón (RI), Rep. Ponka-We Victors (KS), Rep. Pedro Marín (GA), Sen. Eduardo Bhatia (PR), Rep. Roberto Alonzo (TX), Rep. John Alcala (KS)

WHEREAS, the members of the National Hispanic Caucus of State Legislators have consistently supported a pathway to citizenship for all undocumented immigrants brought to the United States as minors since the original Development, Relief and Education for Alien Minors, or DREAM Act, was first introduced in Congress in 2001; and,

WHEREAS, the National Hispanic Caucus of State Legislators approved Resolution 2011-07, Calling for the Support of the Development, Relief, and Education for Alien Minors Act of 2011 (DREAM Act of 2011), when the bill was reintroduced in the 112th Congress; and,

WHEREAS, on November 17, 2012, the National Hispanic Caucus of State Legislators approved a Resolution, No. 2012-03, sponsored by then Representative Catherine Miranda (AZ) on Comprehensive Immigration Reform, reiterating, among other things, “that an expedited pathway to citizenship ought to be provided to immigrant children raised in the United States and who complete an academic education or military service;” and,

WHEREAS, on November 16, 2013, the National Hispanic Caucus of State Legislators approved a Resolution, No. 2013-11, sponsored by Representatives Minnie Gonzalez (CT) and Catherine Miranda (AZ) on Comprehensive Immigration Reform, “implor[ing] our elected representatives to collaborate until they pass a meaningful solution … that includes a path to citizenship;” and,

WHEREAS, facing the repeated failure of Congress to act on this human rights issue, in June 2012, President Barack Obama announced the creation of the Deferred Action for Childhood Arrivals (DACA) Program allowing immigrants who entered the United States before the age of 16 years old and were under 31 years of age before June 15, 2012 to be protected from deportation and obtain a work permit; and,

WHEREAS, as reported by U.S. Citizenship and Immigration Services (USCIS), by 2016, the DACA program accepted over 1,400,000 requests from new applicants and renewals—approximately 1,500 per day; and,

WHEREAS, on January 25, 2017, President Donald J. Trump, issued Executive Order 13767, “Border Security and Immigration Enforcement Improvements,” attacking declaring that “continued illegal immigration presents a clear and present danger to the interests of the United States,” because “among those who illegally enter are those who seek to harm Americans through acts of terror or criminal conduct,” again ignoring the overwhelming research to the contrary; and,

WHEREAS, the same day, President Trump, also issued Executive Order 13768, “Enhancing Public Safety in the Interior of the United States,” attacking sanctuary cities and declaring that “many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety,” despite the overwhelming research showing immigrants are less likely to engage in criminal activity than non-immigrants; and,

WHEREAS, in response, on April 16, 2017, the Executive Committee of the National Hispanic Caucus of State Legislators approved a Resolution, No. 2013-11, sponsored by Senator Richard Martínez (NM), Encouraging the Continuity of the DACA and DAPA Programs, which criticized both Trump Executive Orders as going against the DACA policy and its Parental counterpart; and,

WHEREAS, the Executive Committee of the National Hispanic Caucus of State Legislators acted again on August 9, 2017, approving a Resolution, No. 2017-18, sponsored by Representatives Angela Romero (UT) and Lillian Ortiz-Self (WA), Regarding the Impact of the Deferred Action for Childhood Arrivals Program on Educational Attainment and Community Stability, which underscored that 65% of DACA recipients attend school; 92% are “[pursuing] educational opportunities [they] previously could not”; and, of those recipients pursuing postsecondary degrees, 83% are pursuing an associate’s or bachelor’s degree, and 17% an advanced degree; and,

WHEREAS, the Resolution, called again upon President Donald J. Trump and Members of Congress, to continue the successful Deferred Action for Childhood Arrivals Program and enact legislation to strengthen it, such as the Dream Act of 2017, a bipartisan bill introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL), to provide immigrant students a path to citizenship, thereby providing certainty to hundreds of thousands of Americans, not only the Dreamers themselves but those in their families and communities; and,

WHEREAS, in September 2017, President Donald J. Trump announced the phasing out of the DACA program, with permits, if renewed by October 2017, expiring between March 4, 2018 and March 4, 2020; and,

WHEREAS, in making the announcement, President Trump called on Congress to act, and several bipartisan groups in Congress ramped-up their efforts to reach a solution that the President would sign; and,

WHEREAS, the President and the White House failed to show any leadership regarding the content of a deal on a pathway to citizenship for the Dreamers until January 2018 when they issued their so-called four pillars for the deal; and,

WHEREAS, during that time several tense months of legislative work and deadlines came and went while the Dreamers faced the nearing arrival of a cruel end to their lives as they have known them; and,

WHEREAS, during that entire process, legislative members and staff of the National Hispanic Caucus of State Legislators, on behalf of the Caucus, engaged in press events, Congressional outreach and participation in marches and rallies to push for a solution for Dreamers; and,

WHEREAS, for example,

  • NHCSL’s President, Representative Angel Cruz (PA), joined by NHCSL Secretary, Representative Angela Romero (UT), Senator Richard Martínez (NM), Chair of NHCSL's Immigration, Human & Civil Rights Task Force, Representative César Chávez (AZ), and Executive Director Kenneth Romero immediately issued an outraged statement as soon as the policy change was announced;
  • NHCSL Quad Caucus Chair Assemblywoman Annette Quijano (NJ) and Vice-Chair Representative Dan Pabón (CO) rallied the support of the other legislative caucuses of color issuing a strong joint press release on September 7, 2017;
  • NHCSL First Vice President, Senator Carmelo Ríos (PR) and Delegate Ana Sol Gutiérrez (MD), along with our Policy and Communications staff participated in the National Hispanic Leadership Agenda’s (NHLA) march on the White House on September 14, 2017;
  • NHCSL’s Policy staff participated in a Dreamers rally at the U.S. Capitol on December 6, 2017;
  • NHCSL Executive Director Kenneth Romero published an OpEd piece on the Capitol-focused outlet The Hill on January 19, 2018 entitled Dems should walk from any deal without clean DREAM Act; and,
  • NHCSL Executive Director Kenneth Romero and Policy Lead joined NHLA’s Capitol press conference on the subject with Congressman Joaquin Castro (TX) that same day; and,

WHEREAS, consequently, allies of the Dreamers chose to shut down the Federal Government until a deal on the Dreamers was taken up, managing to do from midnight EST on Saturday, January 20, 2018 to the evening of Monday, January 22; and,

WHEREAS, the shutdown ended when the Senate approved a Continuing Resolution with the promise of a floor debate on the future of the Dreamers; and,

WHEREAS, on February 15, 2018, the Senate deadlocked on four separate proposals to save the Dreamers, leaving them in limbo; and,

WHEREAS, Congress returns from recess on February 26, 2018 leaving only one week available to enact legislation before the DACA permits start expiring; and,

WHEREAS, bipartisan members of Congress have proposed stopgap measures to temporarily extend DACA while a deal is reached; and,

WHEREAS, the National Hispanic Caucus of State Legislators is holding its Annual Summit from February 22 to February 25, 2018.

THEREFORE, BE IT RESOLVED, that the National Hispanic Caucus of State Legislators strongly reiterates its repeatedly stated principle that Dreamers are American and deserve a pathway to citizenship; and,

BE IT FURTHER RESOLVED, that the National Hispanic Caucus of State Legislators underscores that this is not only a Hispanic issue, but impacts Dreamers of all backgrounds who are, above all, American; and,

BE IT FURTHER RESOLVED, that the National Hispanic Caucus of State Legislators urges Congress to take action with no further delay to stop the uncertainty with which thousands of families are living regarding DACA preferably by granting that pathway to citizenship or, at least, by extending DACA while a deal can be reached that creates that pathway; and,

BE IT FINALLY RESOLVED, that a copy of this Resolution be sent to the President of the United States, the Leadership of both Houses of Congress and any other Official, stakeholder or interested party.

THIS RESOLUTION WAS RATIFIED BY THE NATIONAL HISPANIC CAUCUS OF STATE LEGISLATORS ON FEBRUARY 24, 2018 AT ITS ANNUAL MEETING HELD IN CHICAGO, ILLINOIS.

  1. http://nhcsl.org/19/resolution/calling-for-the-support-of-the-development-relief-and-education-for-alien-minors-act-of-2011/
  2. http://www.nhcsl.org/resolutions/2012-2.php
  3. http://www.nhcsl.org/95/resolution/comprehensive-immigration-reform/
  4. https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/DACA/daca_performancedata_fy2016_qtr3.pdf
  5. https://upload.wikimedia.org/wikipedia/commons/8/84/Executive_Order_13767.pdf
  6. Id.
  7. https://upload.wikimedia.org/wikipedia/commons/7/75/Executive_Order_13768.pdf
  8. https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca
  9. https://www.whitehouse.gov/briefings-statements/president-donald-j-trumps-state-union-address/
  10. http://markets.businessinsider.com/news/stocks/Latino-Legislators-Outraged-Over-DACA-Termination-1002341707
  11. They are The National Asian Pacific American Caucus of State Legislators, The National Black Caucus of State Legislators, and The National Caucus of Native American State Legislators.
  12. http://nhcsl.org/171/news/quad-caucus-denounces-decision-to-end-daca/
  13. https://twitter.com/NHCSL/status/908380942322094080
  14. https://twitter.com/NHCSL/status/938479613986123777
  15. http://thehill.com/blogs/congress-blog/politics/369634-dems-should-walk-from-any-deal-without-clean-dream-act
  16. https://twitter.com/NHCSL/status/954393222456819712
  17. http://azdailysun.com/news/local/dreamers-left-in-limbo-as-senate-rejects-immigration-bills/article_06a0df2f-8e84-5fb2-bad2-c011ee78d6dd.html
  18. https://www.politico.com/story/2018/02/16/dreamers-daca-jeff-flake-immigration-senate-415856