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

Gage Skidmore / Molly Adams / Flickr

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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Dunkin’ Donuts Is Suing Franchise Owners In An Attack Against Undocumented Immigrants

Culture

Dunkin’ Donuts Is Suing Franchise Owners In An Attack Against Undocumented Immigrants

If you think the Starbucks vs Dunkin’ Donuts game wasn’t already polarizing, America’s coffee choices just got politicized. Dunkin’ Donuts Franchising LLC filed a complaint in a Delaware federal court on June 24, alleging two of its franchise owners have violated federal immigration law and their stores should be shut down. This complaint was against Thomas Sheehan and Kenneth Larson, who run nine stores in Delaware, Pennsylvania, and Massachusetts. It isn’t the first time Dunkin’ sued its own franchise owners for this reason.

Dunkin’ sent termination letters to 14 stores in New Jersey and Virginia and then filed a suit against them in April.

According to Dunkin’, it was a customer complaint that sparked this wave of suits.

Credit: dunkin / Instagram

It then began a ten month review period which found hundreds of employee records with incomplete, unverified or falsified I-9 forms. Those I-9 forms are what authorize a person to legally work in the United States. The company also uses an electronic system called “E-Verify.”

Dunkin’ started using E-Verify in 2006, when only government agencies were using the system.

Credit: dunkin / Instagram

Two years later, the company began investing in lobbying efforts for immigration reform. It even hired an outside firm to lobby on immigration in 2017. It filed 100 similar lawsuits in 2006 and 2007 alone. The suits filed in the last couple of months are primarily citing its franchise owners for not using E-Verify.

One Delaware franchise owner has countersued Dunkin’.

Credit: @TheRucasJohnson / Twitter

They’re claiming they were given no opportunity to “correct the violations” and suspect Dunkin’ is just trying to resell their stores for greater profit. Kind of like when your landlord stops caring about keeping you around so that they can hike up the rent.

Labor lawyers are saying that patrolling immigration status has never been a targeted issue in franchises.

Credit: @MercurialMiss / Twitter

Dunkin’ is leading the way in pushing immigrant supporters from wanted to run on Dunkin’. Of course, folks are starting to #BoycottDunkin.

Those who support making life harder for undocumented folks are pledging allegiance to Dunkin’ Donuts.

Credit: @JamesonCal / Twitter

Some business analysts suspect Dunkin’ is simply making a play at reselling its franchises for profit by pushing owners out. Others imagine Dunkin’ is just trying to protect its own business by avoiding the potential for labor violation fines. Pesky customer complaints.

Last year, new CEO Dave Hoffman said hiring workers on work-study visas was “critical” for the company.

Credit: @dunkindonuts / Twitter

So the move could mean that it’s trying to show the federal government that it’s a lawful employer, in hopes that it would make receiving more legal work visas probable. That was said around the time that 7/11 avoided its own labor violation fines by assisting ICE with raiding nearly 100 stores. 7/11 stated that the franchises, not the company, were responsible for following labor laws.

Regardless, the move has acted as a dog whistle on Twitter.

Credit: @NookAppolloni / Twitter

Sorry, @NookAppolloni, the move would be destroying hundreds of lives in the Northeast 💯.  The lawsuit targets stores in that area so the wish for California is kind of uneducated. With the inhumane conditions in detention centers and the increased privatization of said centers, it’s likely the most dangerous time to be an undocumented worker in the United States. 

Hypocrisy looks like knowing that Trump’s businesses employ undocumented workers without fear of consequence.

Credit: @JeffFromNH / Twitter

Being undocumented is not a gift or cheating the system. It is a burden to be someone who is more financially and socially vulnerable. Living undocumented means that, while on a quest for a better life, you have to forfeit basic human rights and live in fear that your employer might do something like this.

So, to the Latinx couple that found a screw in their Dunkin’ bagel this week, take it as a metaphor for what they are doing to undocumented people.

Credit: @Chris27Garcia / Twitter

Whatever the business motive is, the move is complicit in the inhumane detention of immigrants. A Jewish Holocaust historian coined the term, “the banality of evil,” which insinuates that evil doesn’t exist in a single mind alone. In order for it to be carried out, it must become pedestrian, seeped into a fabric of society until it is accepted.

READ: New Report Shows ICE Using DMV Data To Track People As Undocumented People Get Drivers Licenses

President Trump Is Fighting With Governor Gavin Newsom Over Undocumented Immigrants Getting Healthcare

Things That Matter

President Trump Is Fighting With Governor Gavin Newsom Over Undocumented Immigrants Getting Healthcare

Gage Skidmore / Thomas Hawk / Flickr

There have been some heated words between California Governor Gavin Newsom and President Donald Trump over funding health care for undocumented immigrants. By signing a $214.8 billion operating budget last week, California’s governor will guarantee that low-income adults 25 and younger living in the country illegally will be eligible for the state’s Medicaid program. President Trump criticized Newsom for the move as the issue has become a key talking point going into the 2020 presidential election.

California will become the first state to expand health coverage for those living in the country illegally.

In his first state budget as governor, Newsom will be extending public health insurance to undocumented low-income immigrants up to the age of 26. There was some push to put a bill forward that would cover seniors as well but Newsom was hesitant about that because of costs. The governor has previously said he wants to eventually cover all undocumented immigrants in the state. These new measures come with an expected cost of $98 million to cover about 90,000 people.

The call for public health coverage for undocumented immigrants in the state is the opposite stance for the Trump administration and Republican leaders. Many see the volatile issue will become a hot topic issue during the 2020 presidential election.

“To my friends at Fox News, I know we’re keeping you in business and getting your advertising rates and clicks going, but we believe in universal healthcare — universal healthcare is a right,” Newsom said at a press conference in Sacramento on Monday.

Newsom’s approach to healthcare in California has angered some Republicans particularly, President Trump.

Within hours, Trump went on the attack. “The Democrats want to treat the illegals with health care and other things better than they treat the citizens of our country,” he told reporters in response to a question about his administration’s push to ask about citizenship on the census.

“You look at what they’re doing in California, how they’re treating people — they don’t treat their people as well as they treat illegal immigrants,” he continued, adding that “we’re going to stop it, but we may need an election to stop it.”

The topic of health insurance for undocumented people in the U.S. has become a hot button issue after the Democratic debates.

Credit: @SawyerHackett / Twitter

Democratic presidential candidate Julián Castro spoke this weekend again about the importance of offering undocumented people health insurance.

“What I’d like to Americans to know, right now, No. 1, undocumented immigrants already pay a lot of taxes,” Castro told George Stephanopoulos, host of ABC’s “This Week with George Stephanopoulos.” “Secondly, we already pay for the health care of undocumented immigrants. It’s called the emergency room. And then third, it’s the right thing to do. We’re not going to let people living in this country die because they can’t see a doctor. That’s not who we are as Americans.”

READ: In Next Cruel Move Against Migrants, Trump Administration Threatens Half Million Dollar Fines Against Undocumented Migrants

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