Things That Matter

SCOTUS Immigration Case Will Impact Millions — Possibly Even You

@TXOrgProject

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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Credit: La Santa Cecilia / LaSantaCeciliaVEVO / YouTube

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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Credit: Unofficial: Judge Andrew S. Hanen / Facebook

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.

A Breastfeeding Mother Being Held By ICE Says That She Hasn’t Been Allowed To Breastfeed Her Daughter In Days

Things That Matter

A Breastfeeding Mother Being Held By ICE Says That She Hasn’t Been Allowed To Breastfeed Her Daughter In Days

screenshot / clarionledger.com

At this point, we sound like a broken record talking about the Trump administration’s immigration policies and the traumatizing effects such policies have on migrants traveling to the U.S. seeking a better life. Every week brings either gun violence against communities of color (made easier under the influence of Donald Trump’s hateful rhetoric against these same communities), more cases of ICE raids throughout the country, and even more cases of families being separated at the border. 

The most inhumane part of all of this continues to be the ways the Trump administration completely disregards children.

Guatemalan mother Maria Domingo-Garcia has been in Immigration and Customs Enforcement (ICE) custody for nearly a week. 

She’s the mother of three and has been separated from her 4-month old daughter who she still breastfeeds. Maria Domingo-Garcia ended up in detention since being picked up during an ICE raid at Koch Foods in Morton, Mississippi. She was among the 680 undocumented immigrants that were detained earlier this month. 

According to CNN, Domingo-Garcia is being held at a facility in Jena, Louisiana. The facility is nearly 200 miles from Morton. The Mississippi Clarion Ledger, who first reported the story, followed the 4-month-old baby’s father new journey in having to raise his three young children on his own, after Domingo-Garcia’s detention. However, he’s still facing his own deportation proceedings with his next court date set for 2021.  

Now, the 4-month-old baby girl is left without her breastfeeding mother. According to CNN, when a woman is breastfeeding, the body continues to produce milk and if the milk isn’t “expressed” then it could cause pain and swelling. 

According to an ICE spokesman, all detainees receive a “medical screening upon intake” and if a woman says that she’s breastfeeding or nursing, she may be released. 

However, ICE is reportedly saying that Domingo-Garcia answered “no” when she was asked this question.  

But Domingo-Garcia’s attorney’s (Ray Ybarra Maldonado and Juliana Manzanarez with Justice For Our Neighbors) are saying that “ICE is, once again, lying. She said nobody’s asked her—not even one time—if she’s been breastfeeding.” 

Dalila Reynoso, an advocate with Justice For Our Neighbors and the two attorney’s are working with the family’s immigration case. “They hope the circumstances — the age of the infant, the breastfeeding and the woman’s lack of a criminal history — could convince immigration officials to let her out on bond quickly,” according to the Clarion Ledger.

Many on social media took to condemn ICE and the administration for keeping this mother away from her month-old daughter and other children.

“The Trump administration is keeping a mother from her four-month-old baby, who is still breastfeeding, and two other children after the ICE raids in Mississippi,” one tweet read. 

2020 Democratic Presidential nominee Kamala Harris also tweeted about the abuse of human rights by our own government.

“When will it end?” the California senator tweeted.

Of course, it didn’t take long for Ivanka Trump to share a social post that was severely ill-timed and out-of-touch.

The daughter of the president posted a photo of herself with her kids on the same week the news broke. Editor-in-chief of Rewire News, Jodi Jacobson, was quick to remind her of the mother being detained in ICE custody away from her children. Ivanka’s tweet could have been a coincidence but an ill-timed one at that. 

Twitter user Juan Escalante shared the story, adding that while she’s in her father’s care—her father is fighting his own deportation as he continues to raise the rest of his children without their mother.

According to Domingo-Garcia’s attorney’s, the mother is devastated knowing she can’t properly care for or nurture her daughter. 

Domingo-Garcia, originally from Guatemala, has lived in the U.S. for over 11 years. Aside from her 4-month-old baby girl, she has two songs, ages 3 and 11.

Her lawyers told CNN that the mother is “feeling the effects of having to suddenly stop breastfeeding.” The lawyer’s report, after visiting her in detention, that she’s “really depressed” and in pain from not being able to pump or breastfeed her baby girl.

This abuse of women’s rights in ICE detention facilities isn’t new and it also isn’t the only type. Earlier this year it was reported that nearly 30 women have miscarried while detained by ICE since 2017.

While her 4-month-old daughter and 3-year-old son might not fully grasp what’s happening to their mother right now, her 11-year-old son is a lot more aware and understands that his mother is gone. According to Domingo-Garcia’s lawyer’s, the 11-year-old son has said, “I want my mom back home. I don’t understand why they’re keeping her. She didn’t do anything wrong. We need her here.”

The Homestead Detention Center Just Transferred Out All Migrants Kids But May Welcome New Ones As Soon As October

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The Homestead Detention Center Just Transferred Out All Migrants Kids But May Welcome New Ones As Soon As October

V Kilpatrick / Pinterest

You’d be forgiven for thinking that maybe the Trump administration was reconsidering the way it was treating migrant children who are crossing the boarder. Especially since earlier this month, we’d reported that the Homestead Temporary Shelter for Unaccompanied Children in Miami, Florida, was to close. However, it looks like Homestead is set to reopen again – as soon as this October.

Well, that didn’t last long.

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The beginning of the month saw the last of the children, who were detained at the facility, removed. While it’s difficult to say exactly how many children were originally housed at the detention center due to the overcrowding that’s taken place across holding facilities nationwide, it’s thought that there were between 2700 to 3000 children staying at Homestead. Part of the reason why Caliburn International, the company that runs Homestead, was instructed to reduce its detainees in the first place was due to government compliance issues. That is, the government had introduced new standards in preparation for hurricane season.

We still don’t know where the previous group of children went after leaving Homestead.

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Even though the children were removed, it’s not clear what happened to the children once they’d left Homestead. The fact Caliburn International is a for-profit company and still required staff to show up for work, despite there being no detainees, has also clouded the issue. At the time of writing, reports say that while 1,700 employees had been dismissed due to the center officially closing, more than 2,500 kept their jobs. It’s not clear what they’re doing at Homestead while they await new inmates.

And because Homestead is an influx center, it doesn’t require a state license. 

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Typically speaking, influx centers are essentially designed to house a large number of inmates, in case the government suddenly finds itself inundated by asylum seekers. These centers are only intended for short stays, which is why they can legally hold a larger number of detainees. Otherwise, Homestead’s population would be capped at 500 children. And while we’re on the subject of numbers – temporary facilities like Homestead are actually more expensive, in the long run. They cost the government around $775 a day per child, while permanent shelters run at about $250 per day per child. Nice to know everyone’s tax dollars are being spent wisely.

Is this all starting to should kinda familiar to you? Yea, us too.

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If you’ve been paying attention to the news, it should. The US government recently argued in federal court that it shouldn’t have to provide things like toothbrushes and soap to detainees, since they were only being temporarily housed in the facility in Clint, Texas. Spoiler alert: the judges didn’t buy that argument, since inmates are being held for months at a time at these facilities. Again, these places that don’t provide basic necessities for inmates are more expensive to run than a more permanent facilities. 

But, we digress.

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Oddly enough, even though Homestead is set to open again in October, Caliburn’s contract expires November 30. At this stage, it’s unclear whether the company will see the contract renewed, or whether a new contract will be opened up to competitive bidding. Apparently the original contract with Caliburn was awarded without competition, which was done so around the same time John Kelly, Trump’s ex-chief of staff, joined the company’s board of advisers. Bueno.

All of this shows that it’s still business as usual.

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At the same time, even if the contract for Homestead was open to competitive bidding, it’s unlikely that much would change at the facility for the children who will be staying there. Companies and non-profits that promote asylum seeker’s rights and would likely provide safe and comfortable facilities have little interest in bidding for such contracts, since the very policies motivating them are diametrically opposed to the espoused values of these organizations. 

At the end of the day, this is all semantics. Because while it’s definitely important that we examine the ways that we detain migrants, and ensure that everyone receives due process, we’re not asking the most important question of all: should we even be detaining children for seeking asylum?

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