Things That Matter

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

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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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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Here Are The Executive Actions That President Biden Has Signed Since Taking Office Last Week

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Here Are The Executive Actions That President Biden Has Signed Since Taking Office Last Week

President Joe Biden has a lot of work ahead of him to dismantle some of former President Trump’s damaging orders. There are racist travel bans, necessarily harmful family separation policies, and the climate crisis all on the table that must be addressed. President Biden is doing just that and here are some of the orders he has signed to tackle the issues.

So far, President Biden has signed 40 executive orders that have reversed some of the worst Trump-era policies and regulations.

Update January 27, 2021

President Biden has signed multiple executive orders tackling different parts of the Covid-19 response.

Americans have been struggling to control the pandemic with minimal leadership from the federal government for almost a year. Local, county, and state governments have done their best without a unified federal response. President Biden, who inherited the mess from the previous administration, is tackling the pandemic headon.

President Biden spent his second day signing several Covid executive orders, which include:

  • Promoting Covid-19 safety in domestic and international travel.
  • Expanding access to Covid-19 treatments.
  • Promoting data-driven response to Covid-19.
  • Supporting states’ use of National Guard in Covid-19 response.
  • Strengthening public health supply chain.
  • Establishing the Covid-19 Health Equity Task Force.
  • Supporting the reopening and continuing operation of schools.
  • Promoting workplace safety amid the pandemic.
  • Establishing a Covid-19 pandemic testing board.

On his third day in office, President Biden focused on benefits for the American people.

Covid-19 has decimated the workforce and people are struggling to make ends meet. Evictions are looming nationwide as people have gone months with no assistance from the federal government, a stark contrast from the rest of the developed world.

President Biden is working to undo the issues that have stood in the way of American people getting their assistance with executive orders including:

  • Expanding food assistance programs.
  • Assisting veterans with debt.
  • Guaranteeing unemployment insurance for workers who refuse work due to Covid-19.
  • Establishing “benefit delivery teams.”
  • Facilitating the delivery of stimulus payments.
  • Address Covid-19 economic relief.
  • Empowering federal workers and contractors.

The president signed other orders on the sixth and seventh days of his administration tackling myriad issues.

President Biden promised the American people that he would work quickly to undo the damage created by the last four years. It is a promise that he has made good on. He has tackled several societal issues that has hindered Americans from living free and full lives.

President Biden’s executive actions here included:

  • Reversing the transgender military ban.
  • Reinstating Covid-19 travel restrictions.
  • Promoting the ‘Buy American’ agenda.
  • Calling for the evaluation of Trump’s housing policies.
  • Ending the reliance on private prisons.
  • Reaffirming the commitment to tribal sovereignty.
  • Denouncing anti-Asian discrimination and xenophobia.

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The border wall on the southern border is done, y’all.

President Biden is saving the taxpayers billions of dollars by halting the construction of President Trump’s border wall. The border wall is one of former President Trump’s several unfulfilled promises at the expense of the taxpayers.

Despite his unrelenting campaign, Mexico never paid a dime to the wall. President Biden’s action to halt the border wall is a humanitarian and conservationist move that will save billions of tax dollars. According to estimates, there would be $3.3 billion in unused funds in the projects accounts.

The emotionally devastating Muslim ban will finally come to an end.

Former President Trump famously put an end to travel from predominantly Muslim countries. The order arbitrarily excluded a group of people based on their religion. The order that has kept families apart for years is finally coming to an end thanks to President Biden.

President Biden’s ation will bring families together and safeguards the rights of religious freedom. The ban has kept spouses separated, children apart from parents, and caused real damage. There is more to be done to make up for the stain on American history and the action is the first step.

The Keystone XL Pipeline is toast.

We all remember the terrifying scenes of Native people being brutalized by federal officials under Trump’s command. President Biden will make sure that the permit for the pipeline is revoked and put an end to a project that has been devastating the Native community. Activists have been fighting for years to get this done.

Undocumented people will have to be included in census counts.

President Biden is getting rid of the Trump administration’s terrible policy of ignoring undocumented people in the census. There have been several arguments by officials that the move would work to undermine certain states. The policy would take federal money away from states that did not support the former president and have high undocumented populations.

President Biden is going to preserve DACA.

More than 600,000 people benefit from the Obama-era program. Former President Trump waged a war against DACA and Dreamers for political points. Most Americans support DACA and a pathway to citizenship for DACA beneficiaries. With the new executive action, President Biden will instruct the federal government to restore the program to its fullest.

There is still a lawsuit the Biden administration will have to fight. The lawsuit challenging DACA’s legality was filed by Texas Attorney General Ken Paxton.

In total, President Biden will sign 17 executive actions that will roll back several issues created by the previous administration.

“Today, hours after taking the oath of office, President-elect Biden will take a historic number of actions to deliver immediate relief for families across America that are struggling in the face of converging crises. He will sign a combination of executive orders, memoranda, directives, and letters to take initial steps to address these crises, including by changing the course of the COVID-19 pandemic, providing economic relief, tackling climate change, and advancing racial equity,” reads a statement from the Biden-Harris Transition Team. “President-elect Biden will take action — not just to reverse the gravest damages of the Trump administration — but also to start moving our country forward. These actions are bold, begin the work of following through on President-elect Biden’s promises to the American people, and, importantly, fall within the constitutional role for the president.”

READ: President Joe Biden’s And Vice President Kamala Harris’ Inauguration Represented America

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