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SCOTUS Immigration Case Will Impact Millions — Possibly Even You

On April 18th, the Supreme Court will hear arguments for the case against Deferred Action for Parents of Americans to Legal Permanent Resident (DAPA), with implications for the expansion of Deferred Action for Childhood Arrivals (DACA). Dragging through the courts since February 2015, what started in the bordertown of Brownsville, Texas, is now in the hands of SCOTUS.  The case affects roughly 5.2 million undocumented people — more than the city populations of Los Angeles, San Francisco and Miami combined. Numerous concerns, both constitutional and moral, hang in the balance. It impacts people you know, family members, possibly even you. Here is everything you need to know about this historic court case.

The SCOTUS decision will directly affect MILLIONS of undocumented people.

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In 2014, President Obama signed executive orders putting a handful of immigration reform policies in place, the DAPA program and an expansion of 2012’s DACA among them. (The case itself would only impact the expansion, not DACA itself.) The case addresses constitutionality of executive authority with regard to immigration reform. At stake is the lawful presence of MILLIONS of undocumented people.

DAPA? DACA? You’ve heard the terms, but what do they even mean?

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Let’s break it down and see what these two executive orders are all about, shall we?

To understand DAPA, you need to know DACA. DACA appeared in 2012, offering certain people who were brought to the U.S. as children educational opportunities, work permits and, importantly, relief from deportation.

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DACA provides relief for children who had no control over the decision to immigrate. Some don’t even know a life outside of the U.S.

To qualify for DACA, you: Were under 31 as of June 15, 2012 (when DACA was created); entered the U.S. before turning 16; have continuous residence since June 15, 2007; were physically present in the U.S. on the date DACA was created and the date of your DACA request; entered without inspection or your visa expired before June 15, 2012; are currently in school, have graduated with a high school diploma or have a GED certificate, or were honorably discharged from the military; and have no felony convictions, a significant misdemeanor, or three other misdemeanors on your record, and do not pose a threat to national security or public safety.

The criteria were pretty stringent, but the program immediately offered 1.2 million young, undocumented immigrants some kind of safety for the first time.

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And since DACA was implemented four years ago, hundreds of thousands of young, undocumented people living in the U.S. have renewed and maintained their DACA status. The current DACA law states that people benefiting from the program can renew their DACA status every two years. It is not guaranteed that their DACA request will be granted every time.

So, DACA’s been in effect for 4 years with some positive results… what’s the deal?

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Well, on Nov. 20, 2014, when President Obama signed those executive orders on immigration, they did two things: (1) Expand the current DACA program to offer protection and benefits to more people and (2) created DAPA, which would open up some of those similar DACA protections and benefits to undocumented parents of children who are U.S. citizens or permanent legal residents.

Under DACA expansion, the age cap is lifted, the continuous residence rule relaxed, and 290,000 ~more~ people who have lived most of their lives in the U.S. can register.

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This means that anyone who came to the U.S. before their 16th birthday can be a DACA recipient. The expansion also states that you have to have continuous residence in the US as of Jan. 1, 2010 instead of June 15, 2007. This would open up the program to 290,000 more undocumented immigrants seeking protection and stability, bringing the total number of people eligible for DACA protection to 1.5 million.

DACA recipients would also get more time between renewals, up from two years to three, giving them fewer encounters with immigration services.

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Sounds like a good idea, right?

This will all help DAPA make sense. If DACA is about saving childhood arrivals, DAPA is all about saving parents of U.S. citizens or legal permanent residents. Kids and parents, ya know?

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When President Obama proposed DACA expansion back in 2014, he also brought the idea of protecting the parents of U.S.-born children. Yes, he tackled both of these immigration issues on the same day. ?

The criteria for applying for DAPA are similar to DACA’s, with some slight differences.

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Like DACA, DAPA recipients must have continuous residence in the U.S. since Jan. 1, 2010; they had to have been physically present in the U.S. on Nov. 20, 2014, and when they request DAPA; they must have no lawful status on Nov. 20, 2014 (either unchecked entry or expired visa); as of Nov. 20, 2014, those requesting DAPA must have a child who is a U.S. citizen of any age or marital status, or their child has to be a permanent legal resident; and, again, no felonies, significant misdemeanor, multiple minor misdemeanors, nor can they pose any threat or be prioritized for deportation.

DAPA has the potential to directly and immediately impact the lives of 3.7 million people living in the U.S.

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That’s right. 3.7 MILLION people would benefit from DAPA alone.

Now, for some easy math. Between DACA, expanded DACA and DAPA, 5.2 MILLION people would be spared deportation and raids by Immigration and Customs Enforcement.

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Like, that is a lot of people.

The number of people saved by these executive orders is a larger number than the populations of Los Angeles …

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… San Francisco …

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…AND Miami. Combined.

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Now, imagine losing the entire populations of those three cities and think about the repercussions, both human and economic. The number of people that would benefit from the orders is still less than half of the 11.4 million undocumented people living in the U.S.

So, what is this court case all about and how did it start?

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United States v. Texas started in Brownsville, Texas, a 5-hour drive south of Austin, under the authority of Judge Andrew Hanen.

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On February 16, 2015, just two days before DAPA and expanded DACA were supposed to take affect, Judge Hanen handed down a 123-page memorandum putting a halt to the implementation of the executive orders President Obama had signed three months before. Judge Hanen argued that the passing of expanded DACA and DAPA would place an undue burden on the states in terms of public schooling and subsidized medical costs, while ignoring the potential benefits like job creation, increased wages and increased tax revenue generated by those who would be “legalized” by the order.

Texas, along with 25 other states, filed the lawsuit claiming that President Obama had overreached his authority by signing the executive orders into law. Basically, they are challenging the case on a technicality, not the orders themselves.

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The states suing against DACA expansion and DAPA are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.

After the Hanen decision, the case was appealed to the 5th Circuit Court of Appeals in New Orleans. The government asked for a stay on the injunction to allow expanded DACA and DAPA, but it was denied.

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The 5th Circuit Court of Appeals, in a 2-1 decision, upheld the ruling made by the lower court in Texas. This further delayed DAPA and expanded DACA, further delaying the benefit to millions.

Once again, the federal government appealed. This time the case is going up to the Supreme Court, which will have the final say on the fate of expanded DACA and DAPA.

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Granted, the Supreme Court has been on a more liberal streak in recent years, but with the death of Antonin Scalia, things on the court have been very different.

But, here’s the thing: With just eight justices currently sitting, the last few Supreme Court have all come back with a 4-4 split vote. That matters. A lot.

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A 4-4 tied vote at the Supreme Court means that the decision of the lower court is upheld. That spells death for DAPA and the DACA expansion.

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Which would mean that scenes like these from La Santa Cecilia’s “Ice El Hielo”…

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…would continue, separating families and deporting innocent people who came to this country for freedom.

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The Supreme Court to hear the arguments and deliver their decision as early as June 2016. All we can do is wait.

Watch La Santa Cecilia’s “Ice El Hielo” full music video below:

Credit: LaSantaCeciliaVEVO / YouTube

READ: Sotomayor: Greatest Obstacle Is Fear, Not Discrimination

Share this story with all your friends by tapping that share button below and let’s bring more attention to this court case affecting millions.

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Here Are The Executive Actions That President Biden Is Signing His First Day In Office

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Here Are The Executive Actions That President Biden Is Signing His First Day In Office

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President Joe Biden has a lot of work ahead of him and he is hitting the ground running. On his first day in office, President Biden has a series of executive actions he is signing to reverse a lot of the damage created by the Trump administration. Here are some of the things President Biden will do with these actions.

The border wall on the southern border is done, y’all.

President Biden is saving the taxpayers billions of dollars by halting the construction of President Trump’s border wall. The border wall is one of former President Trump’s several unfulfilled promises at the expense of the taxpayers.

Despite his unrelenting campaign, Mexico never paid a dime to the wall. President Biden’s action to halt the border wall is a humanitarian and conservationist move that will save billions of tax dollars. According to estimates, there would be $3.3 billion in unused funds in the projects accounts.

The emotionally devastating Muslim ban will finally come to an end.

Former President Trump famously put an end to travel from predominantly Muslim countries. The order arbitrarily excluded a group of people based on their religion. The order that has kept families apart for years is finally coming to an end thanks to President Biden.

President Biden’s ation will bring families together and safeguards the rights of religious freedom. The ban has kept spouses separated, children apart from parents, and caused real damage. There is more to be done to make up for the stain on American history and the action is the first step.

The Keystone XL Pipeline is toast.

We all remember the terrifying scenes of Native people being brutalized by federal officials under Trump’s command. President Biden will make sure that the permit for the pipeline is revoked and put an end to a project that has been devastating the Native community. Activists have been fighting for years to get this done.

Undocumented people will have to be included in census counts.

President Biden is getting rid of the Trump administration’s terrible policy of ignoring undocumented people in the census. There have been several arguments by officials that the move would work to undermine certain states. The policy would take federal money away from states that did not support the former president and have high undocumented populations.

President Biden is going to preserve DACA.

More than 600,000 people benefit from the Obama-era program. Former President Trump waged a war against DACA and Dreamers for political points. Most Americans support DACA and a pathway to citizenship for DACA beneficiaries. With the new executive action, President Biden will instruct the federal government to restore the program to its fullest.

There is still a lawsuit the Biden administration will have to fight. The lawsuit challenging DACA’s legality was filed by Texas Attorney General Ken Paxton.

In total, President Biden will sign 17 executive actions that will roll back several issues created by the previous administration.

“Today, hours after taking the oath of office, President-elect Biden will take a historic number of actions to deliver immediate relief for families across America that are struggling in the face of converging crises. He will sign a combination of executive orders, memoranda, directives, and letters to take initial steps to address these crises, including by changing the course of the COVID-19 pandemic, providing economic relief, tackling climate change, and advancing racial equity,” reads a statement from the Biden-Harris Transition Team. “President-elect Biden will take action — not just to reverse the gravest damages of the Trump administration — but also to start moving our country forward. These actions are bold, begin the work of following through on President-elect Biden’s promises to the American people, and, importantly, fall within the constitutional role for the president.”

READ: President Joe Biden’s And Vice President Kamala Harris’ Inauguration Represented America

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Google Is Pledging $250K To Help With DACA Applications And Renewals

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Google Is Pledging $250K To Help With DACA Applications And Renewals

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Deferred Action for Childhood Arrivals, or DACA, is not a contentious topic among Americans. The program offers young adults who entered the U.S. as children relief from deportation and a chance to live out of the shadows. Now that it has been reinstated, Google wants to help some people achieve the dream of being a DACA recipient.

Google is pledging a quarter of a million dollars to help people apply for DACA.

The Trump administration did everything in their power to end DACA. The constant uncertainty has left hundreds of thousands of young people in limbo. The war waged against Dreamers by the Trump administration came to a temporary end when a federal judge ruled that Chad Wolf was illegally installed as the head of the Department of Homeland Security. It invalidated a member from Wolf stating that no new DACA applications would be approved.

Kent Walker, the SVP of Global Affairs, laid out the case for DACA in an essay.

Walker discusses the uncertainty the hundreds of thousands of DACA recipients currently face after the tumultuous time for the program. He also touches on the economic hardships that has befallen so many because of the pandemic. With so many people out of work, some Dreamers do not have the money to apply or renew their DACA due to a lack of financial resources. For that reason, Google is getting involved.

“We want to do our part, so Google.org is making a $250,000 grant to United We Dream to cover the DACA application fees of over 500 Dreamers,” writes Walker. “This grant builds on over $35 million in support that Google.org and Google employees have contributed over the years to support immigrants and refugees worldwide, including more than $1 million from Googlers and Google.org specifically supporting DACA and domestic immigration efforts through employee giving campaigns led by HOLA (Google’s Latino Employee Resource Group).”

People are celebrating Google for their decision but are calling on Congress to do more.

Congress will ultimately have to decide on what to do for the Dreamers. There has been growing pressure from both sides of the aisle calling on Congress to work towards granting them citizenship. DACA is a risk of being dismantled at any moment. It is up to Congress to come through and deliver a bill to fix the issue once and for all.

“We know this is only a temporary solution. We need legislation that not only protects Dreamers, but also delivers other much-needed reforms,” writes Walker. “We will support efforts by the new Congress and incoming Administration to pass comprehensive immigration reform that improves employment-based visa programs that enhance American competitiveness, gives greater assurance to immigrant workers and employers, and promotes better and more humane immigration processing and border security practices.”

READ: New DACA Applications Were Processed At The End Of 2020 For The First Time In Years

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