Things That Matter

UndocuQueer Activist Changing the Immigration Debate

Undocumented queer youth are shaking up the immigration reform debate, at times even putting their own freedom in danger. Here are 9 UndocuQueer voices you should know.

Jonathan Perez

UndocuQueer
Credit: Jonathan Perez / Facebook

Jonathan Perez catapulted into life as an UndocuQueer activist following a brush with the law in south Louisiana. Perez, who had no record, has since spent time as co-founder and project manager for the Immigrant Youth Coalition, fighting against flawed legislation aimed to capture and detain undocumented people without criminal priors.

Yahaira Carrillo

UndocuQueer
Photo Credit: Yahaira Carillo / Facebook

Yahaira Carrillo became a face of the UndocuQueer Movement when she was one of four arrested for protesting in Senator John McCain’s office in 2010. Carrillo avoided deportation following charges of felony trespassing and has been fighting for comprehensive immigration reform by campaigning and mobilizing youths to back the DREAM Act.

Favianna Rodriguez

Repost @mechadestanford
・・・
RAZA DAY TEASER: #5 FEATURED GUEST: FAVIANNA RODRIGUEZ Favianna Rodriguez is a transnational interdisciplinary artist and cultural organizer. Her art and collaborative projects deal with migration, global politics, economic injustice, patriarchy, and interdependence. Rodriguez lectures globally on the power of art, cultural organizing and technology to inspire social change, and leads art workshops at schools around the country. Favianna’s mission is to create profound and lasting social change in the world. Through her bold and provocative art, she has already touched the hearts and minds of millions. In addition to her fine arts and community work, Rodriguez partners with social movement groups around the world to create art that’s visionary, inspirational, radical and, most importantly, transformational. When Favianna is not making art, she is directing CultureStrike, a national arts organization that engages artists, writers and performers in migrant rights. Favianna will hosting 2 art workshops at Raza Day! You do not want to miss this opportunity! Sign up for Raza Day now! Share with your friends and family so they too can learn and be inspired by her work!

A photo posted by Favianna Rodriguez (@favianna1) on

Julio Salgado

UndocuQueer
Photo Credit: Julio Salgado / Facebook

Julio Salgado is co-founder and art director for Dreamers Adrift, a program created by and for undocumented youths. Salgado is the creator of the UndocuQueer posters used nationally by various undocumented youth programs. Salgado’s art is inspired by experiences of undocumented queer youths fighting a two-front war for LGBTQ-inclusive immigration reform.

Jose Antonio Vargas

1st selfie of 2015: about to take behind-the-wheel driving test. #pleasegodnoparallelparking

A photo posted by Jose Antonio Vargas (@joseiswriting) on

Prerna Lal

Day 1 as #undocuattorney #selfie. Discussing follow to join benefits w/ prospective clients over Skype.

A photo posted by Prerna Lal (@prernalal) on

Tania Unzueta

A photo posted by Tania (@ilehlainat) on

Jesus Barrios

My momma and I at Inland Empire Scholarship Fund 2012 #undocu$$

A photo posted by Jesus Barrios (@gsusbarrios) on

Alan Pelaez Lopez

UndocuQueer
Photo Credit: Ignation Solidarity Network / YouTube

Alan Pelaez-Lopez is an artist and poet who uses his words to bring light and understanding to the current climate of living in the United States as an undocumented, queer Latino. Pelaez-Lopez has worked extensively in making immigration reform more LGBTQ-inclusive. While attending college, Pelaez-Lopez was an organizer of the Queer Undocumented Immigrant Project.

Supreme Court Blocks Trump Administration From Eliminating DACA

Things That Matter

Supreme Court Blocks Trump Administration From Eliminating DACA

Ethan Miller / Getty Images

For three years, people with Deferred Action for Childhood Arrivals (DACA) status faced an uncertain future. The Trump administration was involved in legal battles after abruptly eliminating the program. For the third time this week, the Supreme Court has handed down a major loss for the Trump administration as they protected DACA from Trump’s attack.

The Supreme Court ruled that the Trump administration cannot end DACA.

The 5-4 decision is the third major legal loss for the Trump administration this week. SCOTUS ruled earlier this week that LGBTQ+ cannot be fired for their sexual orientation or gender identity. The court also refused to take up a case challenging California’s sanctuary state law letting the law stand.

The decision to temporarily protect DACA was a split decision with all of the conservative justices (Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Samuel A. Alito Jr.) voting in favor of the Trump administration. Justice John Robert joined the liberal justices Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, and Elena Kagan saving the program from the Trump administration, for now.

In the ruling, written by Justice John Roberts, the court cites that the acting secretary of state violated the Administrative Procedures Act when ending the program. Basically, the announcement was lacking substance and did not address key parts of the policy. This made the announcement void of an argument supporting the dismantling of the program.

The ruling is only temporary relief for the hundreds of thousands of young people on DACA.

While the program has been spared, it is not completely saved. The decision from the Supreme Court today focuses on the way DACA was eliminated, not the actual elimination. This means that the Department of Homeland Security (DHS) now has time to reevaluate its case against DACA to try again.

“The Court still does not resolve the question of DACA’s rescission,” Alito wrote in his dissent. “Instead, it tells the Department of Homeland Security to go back and try again.”

The conservative justices, while dissenting, did release statements that agreed with parts of the decision to block the Trump administration from eliminating DACA. The Trump administration first announced that they were ending DACA in 2017 with a press conference on the border led by Jeff Sessions.

Justice Sotomayor made her own headlines after calling the case a racist attack.

“I would not so readily dismiss the allegation that an executive decision disproportionately harms the same racial group that the President branded as less desirable mere months earlier,” Justice Sotomayor wrote in her concurrence of the decision.

Organizers and activists are giving credit to the DACA community for this victory.

The DACA community has led the charge to protect their status in the U.S. The movement has largely been done thanks to the work of DACA recipients fighting for their right to be here. For many, it is the only country they know after arriving to the U.S. without proper documentation when they were young children.

The president has tweeted his clear displeasure on the Supreme Court that he tried to stack in his favor by appointing two justices.

Both justice Kavanaugh and Gorsuch were Trump’s appointees. After three losses from the Supreme Court, President Trump followed his usual playbook and accused the Supreme Court of not liking him.

Now, it is time for Congress to act.

With DACA recipients temporarily spared sudden deportation, Congress must act and pass legislation protecting Dreamers from being deported. The Dream Act is one piece of legislation that offers DACA recipients a pathway to citizenship, something most Americans agree with.

READ: ICE Is Threatening To Reopen Deportation Proceedings Against All DACA Recipients Regardless Of DACA Status

Supreme Court Refuses Case Challenging California’s Sanctuary State Status

Things That Matter

Supreme Court Refuses Case Challenging California’s Sanctuary State Status

Alex Wong / Getty Images

The Supreme Court of the United States has refused to hear a challenge to California’s sanctuary state law. At the heart of the case is the state’s law limiting the cooperation of state law enforcement with Immigration and Customs Enforcement (ICE).

The Supreme Court refused to hear a challenge to California’s sanctuary state law in a 7-2 vote.

Conservative justice Clarence Thomas and Samuel A. Alito Jr. both wanted to hear the case brought by the Trump administration. The other justices, John Roberts, Brett Kavanaugh, Neil Gorsuch, Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan, and Stephen Breyer voted against the Trump administration refusing to hear the case.

The court, as per usual custom, did not offer a reason as to why they will not hear the case. This means that the previous ruling the case will stand.

The previous court ruling, supporting the law, will now stand in California.

A unanimous panel of judges in the Ninth Circuit Court of Appeals in San Francisco ruled in favor of the law. According to the lower court’s ruling, the federal government has no power in commandeering a state’s cooperation with federal immigration authorities. The ruling states that California’s law can stand because of the Tenth Amendment.

This is a significant blow to the Trump administration that has made a toughness on immigration central to their mission. President Donald Trump, who lost in the Supreme Court twice today, started his 2016 campaign railing against Mexican immigrants calling them rapists and criminals.

The decision is making some people question the humanity of Thomas and Alito.

Justices Thomas and Alito are notorious for being very conservative justices. The two justices usually vote along party lines siding with the Conservative population. Their rulings are often targeted at limiting rights to certain groups. Justice Thomas makes news when he asks questions from the bench because of his consistent silence.

The ruling has sent critics of the president into a laugh-filled celebration.

It wasn’t long ago that news agencies reported that Trump went to the bunker during the Black Lives Matter protests in Washington. Trump claims that he went to the bunker to inspect it, not to hide from protesters. The news sent protesters and BLM supports to call out the president unable to handle a protest against him.

Some people think it has been a very bad day for the U.S. president.

A Supreme Court decision is precedent. Now, the California law limiting cooperation between state law enforcement and ICE can be replicated in other states. It is also another example of a state’s rights being protected.

READ: Supreme Court Hearing Arguments For DACA, Leaning Towards Elimination