‘Blatant disregard’: Congress wants to know if Kristi Noem just ignored the Supreme Court and start deporting DACA recipients

A significant bloc of 95 members of Congress has penned a stern letter to Homeland Security Secretary Kristi Noem, vehemently condemning what they describe as a “blatant disregard” for the protections afforded to immigrants under the Deferred Action for Childhood Arrivals (DACA) program. The lawmakers are demanding to know the extent of recent detentions and deportations of DACA recipients, often referred to as “Dreamers.”

The letter, shared with The Guardian and formally submitted to Secretary Noem on Wednesday morning, outlines a sharp denunciation of what the representatives see as a disturbing increase in the wrongful detention and deportation of individuals residing in the U.S. under DACA.

This federal program, established in 2012 under the Obama administration, grants eligible individuals who were brought to the U.S. as children the temporary, renewable right to live, study, and work in the country. The Dream Act, a legislative precursor, has been reintroduced multiple times but has never passed.

Kristi Noem disregarded heavy legal issues

Co-written by House members Delia Ramirez of Illinois and Sylvia Garcia of Texas, and supported by dozens of other signatories, the letter directly addresses Todd Lyons, the acting director of Immigration and Customs Enforcement (ICE). It unequivocally states, “We condemn the DHS and ICE[‘s] blatant disregard for the legal and humanitarian protections afforded to current beneficiaries of the DACA program.” The representatives highlight that “despite clear protections,” several Dreamers have been detained or deported by U.S. immigration authorities, raising “serious concerns” about due process, court orders, and established practices.

The letter provides accounts of eight specific cases where DACA recipients were allegedly arrested by DHS officials. One instance from July involved a deaf car wash worker who was arrested by ICE during an immigration raid in California, despite possessing DACA status and valid work authorization.

In August, Catalina “Xochitl” Santiago, a DACA recipient and an immigrant rights organizer in Texas, was detained by agents and subsequently placed in ICE detention as the government pursues her deportation. Another case mentioned details an unnamed man arrested during a traffic stop and sent to the “Alligator Alcatraz” detention center in the Florida Everglades, a facility known for its harsh conditions, even though he had DACA status and a valid driver’s license.

“These are only the cases brought to the public’s attention,” the letter asserts. “Given the scale of immigration enforcement operations and the lack of transparency around DHS and ICE procedures under the current Trump administration, it is reasonable to believe that additional DACA recipients have been detained or deported.” The signatories also requested information regarding the legal authority used by the administration to detain DACA recipients, specific details of these arrests, and the department’s plan to address what they deem to be wrongful detentions.

The representatives argue that these recent enforcement actions not only go against the spirit of DACA but also “disrupt families, harm communities, and inflict unnecessary social, emotional, and economic costs.” They point to the fact that President Donald Trump attempted to end the DACA program during his presidency, but his efforts were blocked by the U.S. Supreme Court in 2020. More recently, in January, the Fifth Circuit Court of Appeals ruled that current DACA recipients remain protected and that DHS should consider them low priorities for deportation.