Things That Matter

With Democrats Now In Charge Of The House, What Does That Mean For DACA Moving Forward?

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For the past two years federal courts have been the only check against President Trump’s efforts to crack down on immigration. Now that Democrats have won back the House of Representatives in the recent midterm elections, many Americans expect more accountability. One of the most important issues being the survival of the Deferred Action for Childhood Arrivals (DACA) program and the Temporary Protected Status (TPS). Back in September, Federal courts ordered the administration to keep both programs, but the Supreme Court, now featuring two Trump appointees, could change everything. So what does this mean for DACA moving forward?

After President  Trump asked the Supreme Court to rule on DACA this week, a federal appeals court upheld a lower court’s temporary order preventing President Trump from ending DACA.

On Nov. 8, a U.S. appeals court ruled that President Trump’s decision to rescind the DACA program is unlawful. The 9th Circuit Court of Appeals blocked Trump from ending DACA protections for undocumented immigrants who came to the U.S. as children.

The 9th Circuit decision preserves the program for the moment but will require the administration to continue accepting DACA renewal applications. The court ruled that Trump’s decision to end DACA program was likely “arbitrary, capricious, or otherwise not in accordance with law.” The court also noted that “plaintiffs have stated a plausible equal protection claim,” showing plaintiffs’ allegations that “the rescission of DACA disproportionately impacts Latinos and individuals of Mexican heritage, who account for 93 percent of DACA recipients.”

With the Supreme Court in Trump’s favor, what does this mean for the future of DACA?

With the lower courts ruling in favor of DACA, the case will likely be argued in front of the Supreme Court. There have now been three different rulings in three different circuit courts against the administration. The administration is appealing all of the decisions. This is the first ruling at the appeals court level. The Trump administration wants to get the case on the justices’ agenda for the current term, which ends in June 2019.

There is only is so much Democrats can do when it comes to the legality of DACA now that they control the House. Democrats can mostly serve as a roadblock against Trump’s continued efforts to limit immigration. Issues like the current troop deployment to the southern border and supposed border wall will require funding which is something Democrats can control through the budgeting process.

The Supreme Court will likely take up the DACA case in Spring 2019.

The 9th Circuit ruling doesn’t change anything right away, but it’s important because it means that the Supreme Court is likely to take up DACA. With a five-justice conservative majority, it is entirely possible that the Supreme Court will overturn the 9th Circuit’s ruling and allow DACA to end. The DACA case would be scheduled for oral arguments sometime in early 2019 and a ruling could be handed down before the end of the Supreme Court’s term in June 2019.

Current recipients of DACA probably have a few more months to renew their application and work permits. After that there is uncertainty of what comes next for the 700,000 that are under the program.


READ: More Than 200 Migrant Children Are Still Separated From Their Families Awaiting Asylum Requests

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Presidential Candidates At The Second Democratic Debate Stand Up For Undocumented Health Rights

Things That Matter

Presidential Candidates At The Second Democratic Debate Stand Up For Undocumented Health Rights

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The second night of the Democratic debates in Miami were held last night and the undocumented and DACA communities were the main topics. The clear winner of last night’s debate was California Senator Kamala Harris who took on former Vice President Joe Biden and emerged victorious. Here’s a quick recap of what the 10 candidates had to say last night.

California Kamala Harris took a stand with DACA recipient and pledged her full support if elected

“Immediately on January 20, 2021, I will… First of all, we cannot forget our DACA recipients, so I’m going to start there,” Harris answered moderator José Diaz-Balart when asked about dealing with the migrant crisis at the border. “I will immediately, by executive action, reinstate DACA status and DACA protection to those young people. I will further extend protection for deferral from deportation for their parents and for veterans, who we have so many who are undocumented who have served our country and fought for our democracy.”

She added: “I will also immediately put in place a meaningful process for reviewing the cases for asylum. I will release children from cages. I will get rid of the private detention centers and I will ensure that this microphone that the president of the United States holds in her hand is used in a way that is about reflecting the values of our country and not about locking children up and separating them from their parents.”

Sen. Harris then turned to Democratic frontrunner Joe Biden and addressed his record on the issues of race and school integration.

“So, on the issue of race,” Harris started looking at Biden. “I couldn’t agree more that this is an issue that is still not being talked about truthfully and honestly. There is not a Black man I know be he a relative, a friend, or a coworker who has not be the subject of some form of profiling or discrimination. Growing up, my sister and I had to deal with the neighbor who told us that her parents said she couldn’t play with us because we were Black.”

Harris then took on Biden’s record on race saying: “It was hurtful to hear you talk about the reputations of two United States senators who built their reputations and careers on the segregation of race in this country. It was not only that, but you also worked with them to oppose bussing. There was a little girl in California who was part of the second class to integrate her public school and she was bussed to school every day. And, that little girl was me.”

The moment was one of the most stunning at the debate. The audience was silent as Harris captivated the audience giving a personal story on race in America.

Harris was referring to Biden’s remarks from a New York fundraiser where he spoke openly about how he was able to work across the aisle with to segregationist senators in the 1970s.

“I was in a caucus with James O. Eastland… He never called me ‘boy’. He always called me ‘son,'” Biden said of the segregationist senator from Mississippi.

He then brought up “a guy like Herman Talmadge, one of the meanest guys I ever knew, you go down the list with these guys. Well, guess what? At least there was some civility. We got things done,” Biden said. “We didn’t agree on much of anything. We got things done. We got it finished. But today, you look at the other side and you’re the enemy. Not the opposition, the enemy. We don’t talk to each other anymore.”

The other big moment from last night’s debate was the candidates agreeing to healthcare for undocumented people in the U.S.

Credit: NBC News

Moderator Savannah Guthrie asked the candidates a show-of-hands question about which candidates included undocumented people on their health care plans. Every candidate raised their hands in solidarity.

Guthrie then turned first to South Bend, Indiana Mayor Pete Buttigieg as to why his plan allows undocumented people to have healthcare coverage.

“Our country is healthier when everyone is healthier,” Mayor Buttigieg said. “Remember, we’re talking about something that people are given a chance to buy into. In the same way that there are undocumented immigrants in my community who pay. They pay sales taxes. The pay property taxes directly or indirectly. This is not about a handout. This is an insurance program.”

Debate viewers were pleased to see the show of support for the undocumented community.

Credit: @un_documented / Twitter

The undocumented community has faced years of attacks from the current administration. The community does not have the power to vote so their future and wellbeing is tied directly to the people around them who have the ability to vote. Hearing candidates talk about issues impacting the undocumented community with compassion is something so many voters have been looking for.

It gave some people hope for the future of America for the first time in two years.

Credit: @CarlosGSmith / Twitter

It is not a secret that several communities have been in distress as the Trump administration steam rolls over everyone’s rights. Seeing this display is something that is sending a message to Americans seeking a compassionate and better functioning government.

It is also important to note that nay sayers of the idea claim they don’t want their tax dollars paying for this. Undocumented immigrants pay taxes. Undocumented people in the U.S. pay billions of dollars in taxes. According to a 2017 study, undocumented people paid $11.7 billion in taxes in 2014.

Texas is the second largest beneficiary of undocumented taxes with a total of $1.6 billion in taxes coming from undocumented people in 2014. California was number one with $3.2 billion in tax dollars in 2014. That said, the debate of whether or not undocumented people deserve healthcare ignores the fact that undocumented people are subsidizing the federal programs Americans use on a daily basis, like Social Security, but those same people do not benefit from those tax dollars spent.

READ: Here Are The Winners And Losers Of Last Night Democratic Debates In Miami Last Night

DACA Recipients Will Finally Be Heard At The US Supreme Court In A Case That Could Decide Their Future

Things That Matter

DACA Recipients Will Finally Be Heard At The US Supreme Court In A Case That Could Decide Their Future

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Ever since Donald Trump took office, his administration has been trying to gut the Obama-era program known as DACA. His government announced in 2017 that it would wind down the Obama-era program, sparking outcry from the Latino community and immigration advocates.

The rescission of the program included a six-month window for Congress to pass legislation offering similar protections for DACA recipients, but lawmakers were unable to get a bill to the president’s desk. So several court cases have been making their way through the legal system and now will end up at the US Supreme Court.

The Supreme Court will take on a challenge to the Trump Administration’s attempt to end DACA.

Credit: @AFP / Twitter

The US Supreme Court agreed on Friday to hear a challenge to President Donald Trump’s attempt to shut down a program that shields hundreds of thousands of young undocumented immigrants from deportation.

The administration has argued that the initial implementation of DACA, through executive order, was unlawful as then-President Obama didn’t have the authority to single-handedly impose such a program. And they argued that then-Acting Homeland Security Secretary Elaine Duke had the agency power to pull back the protections.

The news comes after the 4th Circuit Court of Appeals voted in favor of DACA recipients.

Credit: @haydenblack / Twitter

The 4th Circuit Court of Appeals wrote in its ruling earlier this year that ending the program violated federal administrative law, and that Duke “rescinded a general enforcement policy in existence for over five years and affecting hundreds of thousands of enrollees based on the view that the policy was unlawful.” 

The 9th Circuit Court of Appeals last year also upheld a national injunction blocking the end of DACA, finding that the program’s end was “arbitrary, capricious, or otherwise not in accordance with law.” 

However, Trump said after the ruling that he never expected the circuit court to rule in his favor. “We want to be in the Supreme Court on DACA,” Trump said at the time, calling the ruling “good news.”

The court won’t hear arguments in the case until the next term which begins in October.

Credit: @vmramos / Twitter

The court will hear arguments in the case during its next term, which starts in October, and will probably issue its decision in the spring or summer of 2020, ensuring a fierce immigration debate over the outcome in the midst of the presidential campaign.

While most courts have ruled in favor of DACA, it’s still important that everyone eligible for DACA begin the process immediately.

Credit: @votolatino / Twitter

The lower courts may have decided in favor of DACA recipients and declared the Trump Administration’s move illegal, it’s not a guaranteed outcome at the Supreme Court.

So it’s extremely important that if you’re DACA status is expiring within the next six months, you have got to start your renewal process ASAP!

While reactions on Twitter were swift, most were cautiously optimistic.

Because Dreamers are #heretostay!

Many on Twitter have high hopes for Dreamers and their path to citizenship.

Credit: @thehill / Twitter

The program has been around for years. And it’s a program that benefits children, teens, and young adults who have been in this country for years. So to many it seems like a logical move – let Dreamers stay!

Though not everybody shares the same level of optimism.

Credit: @kylegriffin1 / Twitter

Many suggested that the court, with its new conservative majority, may use this opportunity to deliver Trump a ‘victory’ right in the middle of his 2020 reelection campaign.

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