Things That Matter

Trump Is Losing Big League At The Courts As His Plan To Build His Border Wall Hits Another Major Roadblock

A divided federal appeals court panel has declined to remove a major roadblock to President Donald Trump’s plan to spend more than $8 billion for border wall construction despite Congress agreeing to give him only a fraction of that sum.

The Ninth Circuit Court of Appeals has blocked (once again) Trump’s attempt at using Pentagon money to build a border wall.

Credit: @NewsHour / Twitter

The 9th Circuit Court of Appeals voted, 2-1, to deny the Justice Department’s request for an emergency stay of a lower court judge’s injunction that blocked a budgetary maneuver the Trump administration sought to use to fund border projects in Arizona, New Mexico, and California.

Two of the judges said in a 75-page order released Wednesday that the attempt to move Defense Department construction funds to the Department of Homeland Security appeared to be a violation of federal law and the Constitution’s delegation to Congress of the power to appropriate funds.

“The Constitution assigns to Congress the power of the purse. Under the Appropriations Clause, it is Congress that is to make decisions regarding how to spend taxpayer dollars,” Clifton and Friedland wrote. “Congress did not appropriate money to build the border barriers Defendants seek to build here. Congress presumably decided such construction at this time was not in the public interest. It is not for us to reach a different conclusion.”

For now, the administration is still prohibited from building a wall along the border.

Credit: @ajplus / Twitter

The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border , which have dominated public attention in recent months.

The administration has awarded $2.8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.

Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.

While many were happy that this verdict likely means the president won’t be able to make good on one of his key campaign promises.

Credit: @AP / Twitter

And if he can’t keep his promises, many hope his supporters will be disillusioned with his performance as president and we won’t see another four years of this administration’s xenophobic, racist, hate-filled policies.

The House of Representatives celebrated the verdict but also was in disbelief over how many times Trump has to lose before he realizes he can’t build his wall.

Credit: @HomelandDems / Twitter

The Democrat-led House of Representatives also filed suit to block the disputed border wall spending, but its suit was thrown out by a federal judge in Washington last month. The decision is on appeal to the D.C. Circuit.

Kamala Harris also took to Twitter to remind people what big news this is.

Credit: @SenKamalaHarris

According to Sen. Harris, this is a major victory in the fight against the president’s border wall project.

And so did Senate Minority Leader, Chuch Schumer.

Credit: @SenSchumer / Twitter

Although the fight isn’t over, it’s definitely a verdict to celebrate and many especially wanted to thank the ACLU for their work in bringing the case before the 9th Circuit. It’s their hard work that helped make the case possible.

People took to Twitter to celebrate the court’s decision.

Congress and now two courts have said no border wall funds.

For the sake of our democracy and border communities, it’s time Donald Trump come to terms with the fact that America rejected his xenophobic wall and move on.

READ: President Trump Didn’t Get His Border Wall Funding So He Is Now Declaring A National Emergency

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

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

Sandy Huffaker / AFP / Getty Images

Update January 7, 2021

The lives of hundreds of thousands of young people in the U.S. were thrown into jeopardy in September 2017. That was when Deferred Action for Childhood Arrivals was originally halted by former Attorney General Jeff Sessions. Three years later, new applications are finally being processed.

More than 170 new DACA applications were approved at the end of 2020.

A report given to a federal court in Brooklyn shows that the Department of Homeland Security approved 171 new DACA applications. About 500 applications have been denied or rejected while more than 2,700 applications were submitted.

In June 2020, a federal judge ruled that President Trump wrongfully ended the DACA program in 2017. However, the then-acting head of the Department of Homeland Security stated that the department would not accept new applications. Furthermore, Chad Wolf’s memo stated that renewals would be made for one year instead of two years.

In November, a federal judge ruled that Wolf was illegally appointed to his position as acting head of DHS. The Trump administration didn’t challenge the ruling and it immediately invalidated Wolf’s memo. DHS was notified that they had to public post that new applications will be accepted.

If you want to submit a new DACA application or if yours lapsed during the uncertainty, click here for resources.

Original: In a major victory for the community, a federal judge has ruled that the Deferred Action for Childhood Arrivals (DACA), which was created by President Barack Obama in 2012, must be completely reinstated and open to new applicants starting today.

However, this case could still end up before the Supreme Court (which now has three conservative Trump appointees) making its future uncertain. This is why congressional action is so critical in protecting our friends, family, and neighbors from the whims of ever-chasing political landscapes.

DACA gets another lifeline as federal judge orders Trump to restart the program in full.

On Friday, a federal judge handed immigrants and their families a major victory with a ruling on DACA. Judge Nicholas Garaufis said in his ruling, that the terms of the federal program must be immediately restored to what they were “prior to the attempted rescission of September 2017” when the White House began a series of maneuvers to dismantle the program. 

The case is Batalla Vidal v. Wolf, and largely hinges on the argument that Chad Wolf – the DHS official who issued the memo ending the program – wasn’t acting within his legal authority to do so.

In his order, Garaufis said that DHS must “post a public notice, within 3 calendar days of this Order … that it is accepting first-time requests for consideration of deferred action under DACA.” Which means that unless a higher court blocks his order, DHS must begin accepting new applications for as soon as today. 

Garaufis also ordered the government to produce a status report on the DACA program to him by Jan. 4, and said it must include the number of first-time DACA applications it’s received, adjudicated, approved, denied and rejected from Nov. 14 to Dec. 31 of this year.

Eligible migrants will be able to apply for DACA protection immediately.

DACA currently protects about 640,000 undocumented young immigrants. As of July, an estimated 300,000 young people living in the U.S. are eligible for the program and still waiting for a chance to apply. That includes 55,000 who have aged into eligibility over the last three years.

So the good news for DACA-eligible immigrants is that, barring a decision from a higher court blocking Garaufis’s most recent order, those immigrants will soon be able to obtain DACA status. And even if the order is blocked, President-elect Joe Biden has also pledged to fully reinstate DACA once he takes office on January 20.

The judge also instructed officials to reinstate two-year permits for qualifying applicants. Over the summer, the administration had begun issuing one-year permits. 

This ruling is the latest blow to the administration’s attempts to undermine the Obama-era program.

Credit: Sandy Huffaker / AFP / Getty Images

Since taking office in 2017, the Trump administration has repeatedly tried to completely dismantle the DACA program. However, they’ve also faced serious pushback on the legal front in their attempts to do so.

In 2017, Trump’s DHS issued a memo that sought to wind down the DACA program, but the Supreme Court ruled last June that DHS’s initial attempts to end it were void because the department did not adequately explain why it was doing so.

Nevertheless, the future of DACA remains uncertain. For one thing, the Supreme Court’s June decision blocking the Trump administration’s initial attempts to end the program was a  5-4 decision, with the late Justice Ruth Bader Ginsburg in the majority. Since then, Trump has replaced Ginsburg with the far more conservative Justice Amy Coney Barrett. And even before Barrett arrived at the Supreme Court, several members of the Court had signaled that they thought DACA is illegal.

So there’s a reasonable likelihood that the Court’s new 6-3 Republican majority will strike down the DACA program even as Biden tries to preserve it.

Although a major win, the ruling could also have major consequences for Biden’s presidency.

Although a major win for the immigrant community, Garaufis’s ruling could have serious consequences for Biden’s presidency. In his opinion, Garaufis is basically placing limits on the authority presidents have to make acting appointments. And if the Senate remains under Republican control, they will essentially have the power to block any Biden nominee.

All of this boils down to the upcoming Georgia senate races. If Republicans win in either race, then Senate Majority Leader Mitch McConnell (R-KY) will continue to lead the Senate, and Republicans will have the power to block any Biden nominee to any Senate-confirmed job.

That’s why the January run off races in Georgia are bigger than just Georgia. They will help shape everything from the country’s COVID-19 response and foreign policy to how Biden fixes years of attacks on the nation’s immigrant community.

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This Pop-Up School For Migrant Kids Along The Border Went Virtual Thanks To Covid-19 But It’s Thriving More Than Ever

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This Pop-Up School For Migrant Kids Along The Border Went Virtual Thanks To Covid-19 But It’s Thriving More Than Ever

John Moore / Getty Images

The people traveling hundreds or thousands of miles to reach the U.S.-Mexico border aren’t living in some ‘migrant vaccuum’ where nothing else matters. They still have lives to live and experiences to have and, particularly for the young ones, an education to continue.

That was the thinking behind one sidewalk school that popped up in one of the many migrant camps along the U.S.-Mexico border. It was becoming filled with children from across Latin America who were forced to wait out their asylum process from within the border camps, thanks to Trump’s “Remain in Mexico” policy. But their need for an education didn’t just go away.

One woman – with no formal teacher training – decided to help and launched what was called a ‘sidewalk school’ for kids in the camp. But it’s been incredible successful and has blossomed into an online academy for kids throughout the border region.

Despite Covid-19, this pop-up school for migrant kids along the border is thriving.

Just as the Coronavirus pandemic has impacted schools around the world, it’s also having an impact on a pop-up sidewalk school for asylum seekers at the U.S.-Mexico border.

The school, which launched to help fill the educational needs of a growing group of kids stuck at the border, had to go to virtual learning because of the pandemic. But instead of seeing that as a challenge, the school instead has blossomed.

What started out with one teacher at one camp on a sidewalk, how now blossomed by hiring 20 teachers – all asylum seekers themselves – to give classes via Zoom to children across the border region.

To be able to switch to distance learning, the teachers and students were outfitted with more than 200 Amazon tablets by The Sidewalk School for Children Asylum Seekers. The organization was founded by Felicia Rangel-Samponaro, who lives across the border in Brownsville, Texas, and has been crossing to help the asylum seekers by providing them food and books.

It started in just one migrant camp with one teacher but it’s blossomed ever since.

A program like the sidewalk school was severely needed as hundreds and thousands of kids starting being forced to wait at the U.S.-Mexico border. It’s well-known that the border region is one of the most dangerous and violent parts of Mexico and that only underscores the need for quality activities.

Many point out that parents aren’t sending their kids to Mexican schools because they’re afraid to be apart from them. Crime is common here, and kidnappings have been reported. Other parents say registering for school in Mexico is difficult. But program leaders want the kids to be able to continue their education, and they say that many of the asylum-seekers have skill sets they can put to use at the school.

Parents are grateful, too, with one woman telling NPR that she knows “her children will be safe at the sidewalk school, and it gives her time to meet with an immigration lawyer. Volunteer attorneys have been coming over on the weekends to give free legal advice. The asylum-seekers could wait for months to be able to make their asylum case in the U.S.”

Teachers try to give the students some sense of normalcy amid the often dire circumstances at the border.

Credit: John Moore / Getty Images

Many students start their day with an arts and crafts class. Kids are asked to draw on paper plates then outline them with flue and drop glitter. Then they get to hang their creations from trees.

One impromptu teacher, who told NPR he preferred to remain anonymous, said that he wants the kids to “see other people appreciate the artwork they did and let them know how important they are, too, even to people, like, just walking past and driving by. It’s beautiful work.

The classes have offered children not only the chance to catch up on studies that were interrupted when their families fled violence in their homelands, but also a distraction from the long days of boredom.

Trump’s ‘Remain in Mexico’ policy is what is fueling the need for programs like these.

Credit: JULIO CESAR AGUILAR/AFP via Getty Images

It’s the Trump policy of ‘Remain in Mexico’ that has forced programs like these to exist in the first place. The program forces asylum seekers to wait south of the border as their immigration cases proceed through the U.S. court system.

It leaves thousands of families living in tents or at Mexican shelters. Previously, asylum seekers were allowed to remain in the United States with relatives or other sponsors while their cases proceeded.

Many have spent more than a year with their lives in limbo, and the wait has only grown longer with the Trump administration suspending immigration court hearings for asylum-seekers during the pandemic.

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