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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:

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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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Ecuadorian Sisters, 3 And 5, Dropped By Smugglers From 14 Ft High Mexico-US Border Wall

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Ecuadorian Sisters, 3 And 5, Dropped By Smugglers From 14 Ft High Mexico-US Border Wall

A recent video shared by a border patrol agent highlighted a shocking moment of smugglers literally dropping two little girls over a 14-foot high fence in the New Mexico desert. Right in the dead of night.

In the disturbing video, the smugglers can be seen climbing the fence and then dropping the two 5-year-old and 3-year-old sisters to the ground.

El Paso Sector Chief Patrol Agent Gloria Chavez shared that the incident occurred “miles from the nearest residence.”

The two little girls (Yareli, 3, and Yasmina, 5) were rescued after agents spotted them during a virtual surveillance sweep. The two sisters are from Ecuador and were dumped by human smugglers at the border wall according to an official.

“[US Immigration officials] need to verify the identity of the parents and confirm they are the parents and make sure they are in good condition to receive the girls,” Magdalena Nunez, of the Consulate of Ecuador in Houston, explained to The New York Post on Thursday. “It’s a process … We’re working to make sure it’s an expedited process and the girls spend as minimal time as possible separated from their parents.”

“Hopefully it can happen soon, in a week or two, but  it can take up to six weeks. We are working to make sure sure it happens as quickly as possible,” she explained before noting that the two sisters are “doing very well.”

“We have been in contact with them and confirmed they are in good health,” Nunez shared. “Physically, they are perfect — emotionally, obviously, they went through a hard time, but I guarantee you right now they are in good health and they are conversing. They are very alert, very intelligent.”

In a statement about the incident, the Ecuadorian consulate confirmed that the two girls had been in touch with their parents, who live in New York City.

“The Ecuadorian Consulate in Houston had a dialogue with the minors and found that they are in good health and that they contacted their parents, who currently live in New York City,” explained the consulate.

In a statement from the girls’ parents sent to Telemundo, the girls’ parents had left their daughters behind at their home in Jaboncillo, Ecuador, to travel to the US. The parents of the two girls have been identified as Yolanda Macas Tene and Diego Vacacela Aguilar. According to the New York Post, “The girls’ grandparents have asked President Biden to reunite the children with their parents. Aguilar paid a human smuggler to take his kids to the border — though the grandparents didn’t know how much they paid.”

“[The parents] wanted to be with them, their mother suffered a lot, for that reason they decided to take them,” paternal grandfather Lauro Vacacela explained in an interview with Univision.

It is still uncertain as to whether or not the girls’ parents are in the country legally.

Photos of the girls showed them having snacks with Agent Gloria Chavez.

“When I visited with these little girls, they were so loving and so talkative, some of them were asking the names of all the agents that were there around them, and they even said they were a little hungry,” Chavez told Fox News. “So I helped them peel a banana and open a juice box and just talked to them. You know, children are just so resilient and I’m so grateful that they’re not severely injured or [have] broken limbs or anything like that.”

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Alejandro Mayorkas Is The First Latino And Immigrant To Be Named Secretary Of The Department Of Homeland Security

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Alejandro Mayorkas Is The First Latino And Immigrant To Be Named Secretary Of The Department Of Homeland Security

Alejandro Mayorkas is the first Latino and the first immigrant to lead the Department of Homeland Security. Mayorkas is Cuban-born and was one of the original architects of the Deferred Action for Childhood Arrivals (DACA) program.

Alejandro Mayorkas is the first Latino and immigrant to be confirmed as the secretary of the Department of Homeland Security.

Secretary Mayorkas is inheriting a Trump-era DHS and is immediately getting to work to rectify issues that the Biden administration has highlighted. Two of the most pressing issues are heading up a task force to reunite migrant families who were separated by the previous administration and reviewing the “Remain in Mexico” policy.

“Remain in Mexico” is a policy that the Trump administration created and enforced that sent migrants to Mexico to await their asylum cases. The policy has been criticized both by U.S. and international politicians as a humanitarian issue.

It isn’t Mayorkas’ first time working for DHS.

Sec. Mayorkas was the deputy secretary of DHS from December 2013 – October 2016 under President Barack Obama. During that time, Mayorkas was crucial in responding to the 2013 – 14 Ebola virus epidemic and 2015 – 16 Zika virus epidemic. Mayorkas is ready to come back to the department and to bring back what he sees are the department’s mission.

“DHS bears an extraordinary weight on behalf of the American people, the weight of grave challenges seen and unseen,” Sec. Mayorkas said in a statement. “It is the greatest privilege of my life to return to the Department to lead the men and women who dedicate their talent and energy to the safety and security of our nation. I will work every day to ensure that they have the tools they need to execute their missions with honor and integrity. The mission of the Department of Homeland Security is to safeguard the American people, our homeland, and our values. The United States is a welcoming and empathetic nation, one that finds strength in its diversity. I pledge to defend and secure our country without sacrificing these American values.”

Mayorkas is no stranger to working on America’s immigration system.

Mayorkas is one of the original architects of Deferred Action for Childhood Arrivals (DACA), which is at stake because of the previous administration. The Biden administration has made a promise to preserve DACA and to create a pathway to citizenship to the 11 million undocumented people living in the U.S.

President Biden has introduced legislation to reform the current immigration system. The legislation has a timeframe for all undocumented people in the U.S. to become citizens if they follow certains steps and meet certain criteria.

While Mayorkas got bipartisan support in the Senate confirmation, some Republicans did not like his work in immigration. Sen. Marco Rubio, a fellow Cuban, voted to opposed Mayorkas.

“Not only has Mayorkas pledged to undo the sensible protections put in place by the Trump Administration that ended the dangerous policy of catch and release, but his nomination is further evidence that the Biden Administration intends to pursue a radical immigration agenda,” Sen. Rubio said in a statement.

READ: President Biden Introduces Legislation To Create Pathway To Citizenship For 11 Million Undocumented People

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