Attorney General Phil Weiser takes action to protect Dreamers and DACA program

Feb. 1, 2024 (DENVER) – Attorney General Phil Weiser today joined a multistate coalition of 23 attorneys general against Texas’ ongoing effort to end the Deferred Action for Childhood Arrivals (DACA) program. In the court brief filed before the U.S. Court of Appeals for the Fifth Circuit, the coalition urges the court to reverse the U.S. District Court for the Southern District of Texas’ decision that the DACA program is unauthorized by law.

Since 2012, more than 825,000 young immigrants have received DACA protections after completing applications and passing a background check, including nearly 19,000 Coloradans. The program has allowed recipients to live, study, and work across the United States, free from the fear of being forcibly separated from their families and communities.

“DACA stands as a symbol of justice and compassion, offering Dreamers the chance to contribute their skills and talents to the only home they’ve ever known,” said Weiser. “We must recognize its positive impact on communities and the robust contributions of Dreamers to the economic and social fabric of our nation. It is cruel, harmful, and just wrong to conclude that DACA is not authorized or appropriate.”

DACA recipients, known as Dreamers, come from almost every country in the world, but many have never known any home other than the United States. The program has enabled hundreds of thousands of grantees to enroll in colleges and universities; start businesses that help build our economy; serve in the military; and give back to our communities as teachers, medical professionals, engineers, and entrepreneurs. These contributions became even more evident during the COVID-19 pandemic as tens of thousands of DACA recipients continued to serve their communities as essential workers and frontline healthcare professionals.

The case before the Fifth Circuit is a result of a lawsuit brought by Texas and eight other states seeking to end the DACA program entirely. In October 2022, the Fifth Circuit upheld a decision from the district court finding that the 2012 executive memorandum creating the DACA program was unlawful but sent the case back to the lower court to consider the validity of a new regulation codifying the policy. In September 2023, the Southern District of Texas again declared the program unlawful.

Weiser and the multistate coalition support the federal government’s argument that DACA is a lawful exercise of Executive Branch authority and does not violate the Administrative Procedure Act. The coalition also argues that the district court erred in deciding to end DACA in its entirety rather than sever any portions deemed unlawful. In addition, the court brief states that the district court’s decision failed to give DHS and Congress enough time to implement any remedial action necessary to address the court’s legal conclusions.

Joining Weiser in filing today’s amicus brief are the attorneys general of Arizona, California, Connecticut, Delaware, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office | (720) 245-4689 cell
lawrence.pacheco@coag.gov