Alex Padilla U.S. Senator for California

Senators to Sec. Noem: “Actions like this one, targeting DACA holders who are lawfully in the United States, and who have committed no crime, help explain why a majority of the American public disapproves of the Trump Administration’s track record on immigration”

WASHINGTON, D.C. — U.S. Senators Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, and Mark Kelly (D-Ariz.) led 38 Senate Democrats in pressing U.S. Department of Homeland Security (DHS) Secretary Kristi Noem on the Trump Administration’s wrongful targeting of Deferred Action for Childhood Arrivals (DACA) recipients in its cruel mass deportation scheme.

The Senators cited a troubling statement from DHS Assistant Secretary Tricia McLaughlin, in which she said, “Illegal aliens who claim to be recipients of Deferred Action for Childhood Arrivals (DACA) are not automatically protected from deportation.” The Senators made clear that McLaughlin’s statement is contradicted by public DHS guidance.

“DACA was created to provide protections from immigration enforcement for certain noncitizens brought to the United States as children, also known as Dreamers, who undergo strict background checks and meet specific educational or work requirements,” wrote the Senators. “In contrast to Ms. McLaughlin’s puzzling statement, public DHS guidance makes clear that DACA holders are ‘not considered to be unlawfully present’ in the United States and that ‘[a]n individual who has received deferred action is authorized by DHS to be in the United States for the duration of the deferred action period.’”

“We urge you to correct Assistant Secretary McLaughlin’s statement to accurately reflect DACA and ensure that DHS recognizes and abides by the protections of DACA moving forward,” continued the Senators. “Recent enforcement actions against DACA recipients not only appear to violate the Fifth Circuit stay, but also disrupt families, harm communities, and inflict unnecessary social, emotional, and economic costs.”

The Senators contrasted McLaughlin’s statement and the Administration’s actions regarding DACA with the overwhelming public support for Dreamers. They noted President Trump’s previously stated support for protections for Dreamers, and emphasized that the Fifth Circuit Court of Appeals kept in place protections for current DACA holders and limited to Texas a nationwide injunction on new DACA approvals.

In June, 41 Senators, including Senator Padilla, sent a letter to the Acting Director of United States Citizenship and Immigration Services (USCIS), urging the agency to resume processing new DACA applications, in line with the Fifth Circuit ruling. Instead, DHS has pushed DACA holders to “self-deport.” The Administration also recently detained a deaf and non-verbal DACA holder with no criminal history, wasting taxpayer dollars and undermining the Trump Administration’s pledge to target the “worst of the worst” violent criminals.

In addition to Padilla, Durbin, and Kelly, the letter was also signed by Senate Democratic Leader Chuck Schumer (D-N.Y.) and U.S. Senators Angela Alsobrooks (D-Md.), Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Chris Coons (D-Del.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), John Fetterman (D-Pa.), Ruben Gallego (D-Ariz.), Kirsten Gillibrand (D-N.Y.), Maggie Hassan (D-N.H.), Martin Heinrich (D-N.M.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Andy Kim (D-N.J.), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Ben Ray Luján (D-N.M.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Patty Murray (D-Wash.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Adam Schiff (D-Calif.), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Chris Van Hollen (D-Md.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).

Senator Padilla previously took to the Senate floor to defend DACA recipients from DHS’ baseless statement and slam the Trump Administration’s push for DACA recipients to “self-deport.” He emphasized that these long-term residents — who were brought to the country as children — have been working, studying, and living legally in the United States since 2012 and are vital members of American communities.

Senator Padilla is a leading voice in Congress for providing long-term undocumented immigrants, including Dreamers, with a pathway to permanent legal residence. In July, Padilla hosted a press conference in Los Angeles alongside immigration advocates, impacted families, and community leaders to announce legislation to expand a pathway to lawful permanent residency for millions of long-term U.S. residents. As Immigration and Customs Enforcement (ICE) raids and mass deportation assaults intensified in Los Angeles, Padilla marked the 13th anniversary of the DACA policy by urging Congress to take immediate action to deliver permanent protections for millions of families, parents, and individuals who are increasingly at risk amid President Trump’s mass deportation agenda. He also delivered remarks on the Senate floor ahead of the anniversary, pushing for permanent protections for Dreamers rather than the indiscriminate ICE raids stoking fear in Los Angeles communities.

Full text of the letter to Secretary Noem is available here and below:

Dear Secretary Noem:

In a recent statement, the Department of Homeland Security (DHS) Assistant Secretary for Public Affairs Tricia McLaughlin said: “Illegal aliens who claim to be recipients of Deferred Action for Childhood Arrivals (DACA) are not automatically protected from deportation.” In fact, DACA was created to provide protections from immigration enforcement for certain noncitizens brought to the United States as children, also known as Dreamers, who undergo strict background checks and meet specific educational or work requirements. In contrast to Ms. McLaughlin’s puzzling statement, public DHS guidance makes clear that DACA holders are “not considered to be unlawfully present” in the United States and that “[a]n individual who has received deferred action is authorized by DHS to be in the United States for the duration of the deferred action period.”

Americans overwhelmingly support providing Dreamers a path to citizenship, and in December 2024, then-President-elect Trump stated that he supported protections for Dreamers to remain in the United States. The Fifth Circuit Court of Appeals kept in place a stay that protects current DACA holders and limited a nationwide injunction on new DACA approvals to the state of Texas. In June, 41 Senators sent United States Citizenship and Immigration Services (USCIS) a letter requesting that USCIS begin processing new DACA applications, consistent with these decisions.

Instead of doing so, DHS has issued a statement urging DACA holders—who know no home but the United States—to “self-deport.” It was also disturbing to see DHS recently waste taxpayer dollars on the prolonged detention of a deaf and non-verbal DACA holder with no criminal history, contrary to your claims that the Trump Administration is arresting the “worst of the worst.”

Actions like this one, targeting DACA holders who are lawfully in the United States, and who have committed no crime, help explain why a majority of the American public disapproves of the Trump Administration’s track record on immigration.

Please respond to the following questions no later than September 17, 2025:

1. How many active DACA recipients have been detained or deported by DHS since January 2025? Provide a complete record for each DACA recipient, including locations, dates, and case outcomes.

2. On what legal authority does DHS rely to detain or remove individuals with current DACA protections?

3. How is DHS verifying the DACA or legal status of individuals at the time of detention, prior to initiating removal proceedings or deportation?

4. In the instances where DHS ascertains it has erroneously detained or deported an individual, especially if they have a form of legal protection such as DACA, what actions is the Department taking to remedy these situations?

5. What actions are DHS and U.S. Immigration and Customs Enforcement (ICE) taking to address any errors regarding current DACA recipients and ensure they do not continue to take place as part of the current Trump administration’s immigration enforcement activities?

6. Has DHS shifted its policy regarding these young people despite President Trump declaring his support for protecting Dreamers and DACA recipients?

We urge you to correct Assistant Secretary McLaughlin’s statement to accurately reflect DACA and ensure that DHS recognizes and abides by the protections of DACA moving forward. Recent enforcement actions against DACA recipients not only appear to violate the Fifth Circuit stay, but also disrupt families, harm communities, and inflict unnecessary social, emotional, and economic costs.

Sincerely,

###