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TESOL Statement on the U.S. 5th Circuit Court of Appeals Ruling Invalidating DACA

by Jeff Hutcheson, Director Advocacy & Public Policy |

The U.S. 5th Circuit Court of Appeals, in a ruling issued 5 October 2022, invalidated the Deferred Action for Childhood Arrivals (DACA) of 2012 on procedural grounds and remanded to the District Court for review of DACA’s substantive merits within the regulatory authority of the Department of Homeland Security (DHS). Current DACA beneficiaries, or Dreamers, may remain in the U.S. and continue renewal with DHS; however, DACA cannot be extended to anyone not already approved. The court’s ruling impacts hundreds of thousands of individuals, many of whom serve within the educational community supporting multilingual learners.

TESOL has long supported DACA and believes that Congress must act to implement DACA into law and can do so through the passage of the bipartisan Dream Act of 2021. We encourage all of our U.S. members to contact their senators today, through TESOL’s Advocacy Action Center, to voice support for Dreamers and call for the passage of the Dream Act.

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