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Federal Judge Lets DACA Program Live Citing Harm If Program Is Canceled

A federal judge in Texas preserved the Deferred Action for Childhood Arrivals (DACA) program immediately claiming it would cause too much harm. However, District Judge Andrew Hanen also said that the six-year-old program is likely unlawful because it oversteps the authority of the executive branch. Hanen’s ruling gives the almost 700,000 DACA recipients additional time to request renewals, which would keep them in the United States legally for an additional two years. The DACA program protects recipients from deportation and grants them work permits in two-year stints.

A federal judge in Texas has ruled that Deferred Action for Childhood Arrivals (DACA) will stand in place for now.

The ruling comes as a surprise since District Judge Andrew Hanen had ruled against DACA-related programs in the past. In 2015, Hanen ruled a companion program that would have granted temporary legal status to DACA parents, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), was illegal. This time around Hanen questioned the legality of DACA but argued that more harm would be done to DACA recipients if they lost the program.

This may only be a temporary reprieve for DACA recipients.

Judge Hanen said that the plaintiffs are likely to succeed in their case that DACA is unlawful because it oversteps the authority of the executive branch. He said that DACA is a program that “Congress should consider saving” if it ever wants to permanently stay.

“Here, the egg has been scrambled. To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country,” Hanen wrote in his ruling.

Many immigrants’ rights advocates are celebrating the order as it will help many DACA recipients.

“Today DACA beneficiaries like myself and my little sister breathe a sigh of relief,” said Greisa Martinez, the deputy executive director of United We Dream told NPR NEWS. “But we aren’t out of the woods yet.”

The road still isn’t easy for DACA recipients who’ve faced constant lawsuits and federal orders against the program within the last year. The Trump administration has lead these efforts by seeking to end DACA, but have been blocked by federal courts in California, New York and Washington, D.C. Only existing DACA recipients can renew their status while those cases remain unresolved, but new applicants can’t join the program as of now.

The ruling coincidentally landed near the one year anniversary of President Trump’s order to end to the Obama-era program.

There are almost 700,000 DACA recipients in the United States since the Obama-era program began back in 2012. On September 5, 2017, President Trump ordered an end to the program urging Congress to pass a replacement and gave the program a six month deadline before he would begin phasing out protections. Federal judges blocked the administration from ending DACA before the six-month deadline. Instead, the courts ordered the administration to continue renewing any existing two-year permits.

“The past year has taken a wild ride on the DACA story,” Josh Blackman, a law professor at the South Texas College of Law Houston told CNN. “Everyone agrees that Congress should do this, there is no reason we should still be fighting about this in the courts.”


READ: The US Government Is Questioning The Citizenship Of Some Latinos Along The Texas/Mexico Border

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Hundreds Of Universities, Cities, And Businesses File Amicus Briefs Urging The Supreme Court To Defend DACA

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Hundreds Of Universities, Cities, And Businesses File Amicus Briefs Urging The Supreme Court To Defend DACA

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This week the Supreme Court went back into session, kicking off what’s expected to be one of the most divisive and controversial terms in recent history. Everything from LGBTQ and abortion rights, to yes, DACA, is on the docket, and America will get to see the impact of the addition of Trump-appointee Brett Kavanaugh.

Although judges are expected to be politically impartial, Kavanaugh’s contentious confirmation hearing after being accused of sexual assault, left him charging Democrats with unfairly going after his character.

Now, some experts are bracing for a possible “conservative revolution,” after the court overturned two precedents (a highly unusual move) last term, and President Donald Trump has successfully appointed 150 judges to lifetime seats on the bench (whoever told said your vote didn’t matter, lied.)

In its newly started session, the Supreme Court isn’t shying away from hot topic issues – including a decision that will decide the outcome of DACA once and for all.

President Donald Trump’s signature issue is immigration, and in November the court will consider his administration’s decision to phase out DACA, an Obama-era initiative that protects nearly 700,000 young undocumented immigrants who came to the United States as children from deportation. The eventual ruling will have a major impact on way or another in the presidential race.

At issue before the justices is not the legality of the program, but how the administration decided to phase it out.

Plaintiffs, including the University of California, a handful of states and DACA recipients argue that the phase out violated the Administrative Procedure Act, a federal law that governs how agencies can establish regulations. Lower courts agreed and issued nationwide injunctions that allowed renewals in the program to continue. The Trump administration appealed the decision to the Supreme Court, and at the time, the President predicted success: “We want to be in the Supreme Court on DACA,” he said.

Groups of all kinds are filing so-called Amicus briefs to the Suprme Court urging them to protect DACA.

More than 100 different cities from across the country, dozens of major colleges and universities, and some of the country’s largest companies all joined together to defend DACA.

The brief filed by some 165 educational institutions said: “These extraordinary young people should be cherished and celebrated, so that they can achieve their dreams and contribute to the fullest for our country. Banishing them once more to immigration limbo — a predicament they had no part in creating — is not merely cruel, but irrational.”

Even the Mexican government filed a brief with the court.

Mexico has had little legal recourse in it’s fight against Trump’s cruel and (as many consider) illegal policies targeting the migrant community. And a large part of the migrant community (including those attacked at the El Paso Massacre) are Mexican nationals. So the government has been eager to take a stand.

And with the upcoming legal battle regarding DACA, Mexico has staked its position in support of DREAMers by filing an Amicus brief with the court. The brief points out the commitment to human rights and the principles of dignity that should be afforded to all humans – regardless of their migration status.

Meanwhile, children advocates point out that eliminating the program would also harm more than a quarter million US-born children.

More than three dozen child advocacy organizations say White House officials failed to account for a quarter of a million children born in the U.S. whose parents are protected by the Deferred Action for Childhood Arrivals program when they repealed it in 2017.

“These children are endangered not only by the actual detention and deportation of their parents, but also the looming fear of deportation,” the groups wrote in an amicus brief filed with the Supreme Court last week. “The imminent threat of losing DACA protection places children at risk of losing parental nurturance, as well as losing income, food security, housing, access to health care, educational opportunities, and the sense of safety and security that is the foundation of healthy child development.”

Children’s health experts have been sounding the alarm on the impact of toxic stress inflicted on children impacted by the Trump administration’s immigration agenda. Studies have linked toxic stress to developmental issues with children’s brains and bodies and an increase in their risk of disorders ranging from diabetes to depression, heart disease, cancer, addiction and premature death.

DACA was created by an Obama executive order in 2012, and the Trump Administration announced in September 2017 it was officially ending the program.

When the Trump administration officially announced the end of the DACA program in September 2017, there were nearly 800,000 young immigrants around the country who benefited from it.

Three lawsuits challenging the termination of DACA filed in California, the District of Columbia and New York eventually led to courts prohibiting the government from phasing out the immigration program. Those lawsuits argued that ending the DACA program violated the rights of those covered by its benefits and ran counter to a federal law governing administrative agencies, according to SCOTUSblog. The Supreme Court consolidated those three lawsuits and will hear arguments on the DACA case on Nov. 12.

The justices will consider whether the court even has the authority to review the Trump administration’s decision to end DACA and, if so, whether the decision to end DACA is legal.

Predictably, President Trump has urged the court to strike down DACA.

As recently as Wednesday, President Trump said his predecessor had no authority to initiate the DACA program in the first place, and that if the Supreme Court overturns it, as it should, Congress would likely find a legislative solution to allowing DACA recipients to remain in the U.S.

“The Republicans and Democrats will have a DEAL to let them stay in our Country, in very short order,” he tweeted Wednesday. “It would actually benefit DACA, and be done the right way!”

The Supreme Court’s Term Is Starting Off With Major Cases That Will Impact The Lives Of Many Americans

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The Supreme Court’s Term Is Starting Off With Major Cases That Will Impact The Lives Of Many Americans

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The nine justices of the Supreme Court will return to the chambers to an explosive docket. The court is set to hear cases covering an array of social issues from abortion to DACA to LGBTQ+ discrimination to the Second Amendment. It is shaping up to be a major term for the highest court in the land.

The Supreme Court is getting ready to hear a series of cases that could impact some of the biggest social issues in American culture.

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All eyes are on the Supreme Court as major cases are being presented. Some of the cases included in the docket for this term of the Supreme Court are the fate of Deferred Action for Childhood Arrivals (DACA), the definition of “sex” as it pertains to Title 7 of the Civil Rights Act and the LGBTQ community’s right to work without discrimination, an abortion case from Louisiana seeking to limit abortion rights, and a gun regulation from New York City.

On Oct. 8, the Supreme Court heard arguments about discrimination protections for LGBTQ+ people.

In almost half of the country, there are no laws protecting people in the LGBTQ+ community from being discriminated against in the workplace. The Supreme Court heard arguments from two gay men and one trans woman claiming that they were fired from their places of work because of their identity.

During oral arguments, when the employers being sued in the case argued that sex is different than same-sex attraction, Justice Elena Kagan suggested that the law does favor the employees.

“If he were a woman, he wouldn’t have been fired,” Justice Kagan told General Solicitor Noel Francisco, who is representing the employers. “This is the usual kind of way in which we interpret statutes now. We look to laws. We don’t look to predictions. We don’t look to desires. We don’t look to wishes. We look to laws.”

The Trump administration is aiming to get rid of DACA protections from almost 700,000 young people.

Credit: @SenWarren / Twitter

DACA is a program that was first created by President Obama. It gave almost 700,000 young immigrants who came to the U.S. as children the chance to go to college, get work permits, and protected them from deportation. The Trump administration ended the program in 2017 and immediately threw the lives of all DACA recipients in limbo.

United We Dream, a DACA-led media company filed its own brief with the Supreme Court. The brief is a first-of-its-kind video brief with DACA recipients arguing their case for preserving DACA. The organization also included an official written brief.

“DACA has accomplished far more than affording deferred prosecutorial action. It has created lifechanging opportunities for hundreds of thousands of promising young people. DACA has allowed them to lead fuller and more vibrant lives, including by seizing opportunities to advance their education, furthering their careers, providing critical help to their families, and giving back to their communities,” reads the United We Dream brief. “Able to make use of the basic building blocks of a productive life—a Social Security number, work authorization, or driver’s license, for example—DACA recipients have thrived. They are students, teachers, health care workers, first responders, community leaders, and small business owners. They are also spouses, neighbors, classmates, friends, and coworkers. Collectively, they are parents of over a quarter-million U.S. citizens, and 70% of DACA recipients have an immediate family member who is a U.S. citizen. They pay taxes, contribute to their local economies in myriad ways, and spur a virtuous cycle of further opportunity for many Americans.”

Another case people are watching is an abortion case coming out of Louisiana.

Credit: @IlhanMN / Twitter

The case, June Medical Services v. Gee, isn’t aiming to overturn Roe v. Wade but it is hoping to limit the abortion rights of women starting in Louisiana. The law being challenged requires all abortion providers to get privileges are a hospital 30 miles from where the abortions take place.

The case is very similar to a Texas case that the Supreme Court rejected three terms ago. As such, the Louisiana case is asking the Supreme Court to distinguish between the two cases and to determine that the restriction is legitimate if a legislator vouches that the restriction is valid rather than it being valid in practice. As it stands, the law would leave just one doctor in the state of Louisiana allowed to perform abortions.

Another case getting some attention as it sits on the Supreme Court docket deals with the Second Amendment.

Credit: @DaigleLawGroup / Twitter

New York City’s original rule made it so handguns could only be transported to seven gun ranges throughout the city. While the case was originally contested because of the rule. New York City changed the rule and asked the court to dismiss the case as moot, but the court rejected the motion. This will be the first time the Supreme Court has heard a case about the Second Amendment’s reach in over a decade and is being hailed as a victory for gun rights advocates.

READ: DACA Advocates Shut Down Joe Biden At Last Night’s Democratic Debate, Here’s The Message They Delivered Loud And Clear