Senators Alex Padilla (D-CA) and Dick Durbin (D-IL) have rallied more than 50 Democratic colleagues to demand that Acting Attorney General Todd Blanche overturn a recent Board of Immigration Appeals (BIA) decision that, according to critics, weakens safeguards for Deferred Action for Childhood Arrivals (DACA) recipients facing removal proceedings. In a 12 June letter, lawmakers argue the ruling conflicts with DHS regulations codifying DACA and with a Fifth Circuit opinion that preserved protections for current beneficiaries. While the technical dispute centres on the circumstances under which immigration judges may terminate proceedings against DACA holders, its practical impact could be far-reaching. Roughly 530,000 individuals rely on DACA for work authorisation; should the BIA decision stand, some could find themselves in prolonged litigation or sudden deportation despite having valid deferred-action status. From a mobility perspective, U.S. employers that use DACA talent—particularly in tech, healthcare and hospitality—face fresh uncertainty about renewals and travel-authorization (advance-parole) approvals. HR teams should review I-9 reverification calendars and be ready to sponsor alternative statuses where feasible. The episode also illustrates how administrative bodies can quickly shift the legal ground under long-standing programs without congressional action. Advocacy groups expect a formal request that the Attorney General certify and reverse the BIA decision—a discretionary power rarely invoked but historically used to settle divisive immigration questions. Businesses with DACA employees should monitor the DOJ response and consider joining amicus briefs, as the final outcome will shape workforce-planning for years to come.
Source: Office of Senator Alex Padilla
