Things That Matter

Trump Administration Limit DACA Renewals, Blocks New Applications

Update July 28, 2020: The Trump administration is intentionally limiting DACA recipients from renewing properly and blocking new applications. On June 18, the Supreme Court ruled that the Trump administration couldn’t end Deferred Actions for Childhood Arrivals the way it did but still could with a different tactic.

DACA recipients are facing another challenge created by the Trump administration.

After losing the battle at the Supreme Court, the Trump administration decided to create more blocks to hinder DACA recipients. The administration announced that DACA recipients will only be allowed to renew for one year instead of two. This is because according to the administration there is still a legal way to stop DACA. The administration is reviewing the SCOTUS decision to figure out the way to put an end to the program it has deemed to be illegal.

Recently, the Trump administration tried to put the program on hold but lost a legal battle in Maryland about that. A federal judge ruled that the Trump administration could not pause DACA and had to allow the program as it was originally intended. After that loss, the Trump administration announced a change that supersedes all orders and places DACA recipients back on the chopping block.

This quiet announcement comes after President Trump claimed to be working on an order that includes a pathway to citizenship.

“I’m going to do a big executive order. I have the power to do it as president and I’m going to make DACA a part of it,” Trump told José Díaz-Balart. “But, we put it in, and we’ll probably going to then be taking it out. We’re working out the legal complexities right now, but I’m going to be signing a very major immigration bill as an executive order, which Supreme Court now, because of the DACA decision, has given me the power to do that.”

Original: For three years, people with Deferred Action for Childhood Arrivals (DACA) status faced an uncertain future. The Trump administration was involved in legal battles after abruptly eliminating the program. For the third time this week, the Supreme Court has handed down a major loss for the Trump administration as they protected DACA from Trump’s attack.

The Supreme Court ruled that the Trump administration cannot end DACA.

The 5-4 decision is the third major legal loss for the Trump administration this week. SCOTUS ruled earlier this week that LGBTQ+ cannot be fired for their sexual orientation or gender identity. The court also refused to take up a case challenging California’s sanctuary state law letting the law stand.

The decision to temporarily protect DACA was a split decision with all of the conservative justices (Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Samuel A. Alito Jr.) voting in favor of the Trump administration. Justice John Robert joined the liberal justices Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, and Elena Kagan saving the program from the Trump administration, for now.

In the ruling, written by Justice John Roberts, the court cites that the acting secretary of state violated the Administrative Procedures Act when ending the program. Basically, the announcement was lacking substance and did not address key parts of the policy. This made the announcement void of an argument supporting the dismantling of the program.

The ruling is only temporary relief for the hundreds of thousands of young people on DACA.

While the program has been spared, it is not completely saved. The decision from the Supreme Court today focuses on the way DACA was eliminated, not the actual elimination. This means that the Department of Homeland Security (DHS) now has time to reevaluate its case against DACA to try again.

“The Court still does not resolve the question of DACA’s rescission,” Alito wrote in his dissent. “Instead, it tells the Department of Homeland Security to go back and try again.”

The conservative justices, while dissenting, did release statements that agreed with parts of the decision to block the Trump administration from eliminating DACA. The Trump administration first announced that they were ending DACA in 2017 with a press conference on the border led by Jeff Sessions.

Justice Sotomayor made her own headlines after calling the case a racist attack.

“I would not so readily dismiss the allegation that an executive decision disproportionately harms the same racial group that the President branded as less desirable mere months earlier,” Justice Sotomayor wrote in her concurrence of the decision.

Organizers and activists are giving credit to the DACA community for this victory.

The DACA community has led the charge to protect their status in the U.S. The movement has largely been done thanks to the work of DACA recipients fighting for their right to be here. For many, it is the only country they know after arriving to the U.S. without proper documentation when they were young children.

The president has tweeted his clear displeasure on the Supreme Court that he tried to stack in his favor by appointing two justices.

Both justice Kavanaugh and Gorsuch were Trump’s appointees. After three losses from the Supreme Court, President Trump followed his usual playbook and accused the Supreme Court of not liking him.

Now, it is time for Congress to act.

With DACA recipients temporarily spared sudden deportation, Congress must act and pass legislation protecting Dreamers from being deported. The Dream Act is one piece of legislation that offers DACA recipients a pathway to citizenship, something most Americans agree with.

READ: ICE Is Threatening To Reopen Deportation Proceedings Against All DACA Recipients Regardless Of DACA Status

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Undocumented Residents Could Be Excluded From The 2020 Census After All, Thanks To New Supreme Court Case

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Undocumented Residents Could Be Excluded From The 2020 Census After All, Thanks To New Supreme Court Case

Phil Roeder / Getty Images

The drama over the 2020 Census continues.

First, was a Supreme Court decision that found the Trump administration wasn’t being totally honest about it’s reasoning for including the citizenship question on the 2020 Census – so the court effectively removed the question from the census. 

Then, Trump tried to delay the constitutionally mandated census to give his administration more time to come up with a better reason to tell the courts.

None of that worked as planned by the administration, and the Census has continued as normal. However, so many in minority communities – particularly migrant communities – have been fearful of completing this year’s census. Well, a new Supreme Court case could erase all the progress we made to make sure all residents – regardless of immigration status – were fairly counted.

The Supreme Court will hear a case that could allow the Trump Administration to exclude undocumented residents from Census data.

On Friday, the U.S. Supreme Court agreed to hear arguments next month over whether President Trump can exclude undocumented immigrants from the census count used to apportion congressional districts to the 50 states.

The court’s announcement means that the court – which could soon have a 6-3 conservative majority – will hear arguments in the case on November 30.

In July, Trump issued a memorandum asking the Census Bureau to subtract undocumented immigrants from the count for the purposes of congressional apportionment — the reallocation of the nation’s 435 House districts every 10 years. Trump’s memo came after the Supreme Court had rejected his last minute efforts to add a citizenship question to the census.

By the time the high court hears this case, federal Judge Amy Coney Barrett could be confirmed as the ninth justice, cementing a conservative majority. Senate Republicans hope to confirm her nomination to the Supreme Court before the election on Nov. 3.

However, the U.S. Constitution explicitly calls for the counting of all residents within the country.

Credit: Tetra Images / Getty Images

The 14th Amendment requires districts to apportion congressional seats based on “counting the whole number of persons in each State, excluding Indians not taxed.”

Since the first U.S. census in 1790, the numbers of U.S. residents who are counted to determine each state’s share of congressional seats have included both citizens and noncitizens, regardless of immigration status.

“President Trump has repeatedly tried — and failed — to weaponize the census for his attacks on immigrant communities. The Supreme Court rejected his attempt last year and should do so again,” said Dale Ho, a lead plaintiffs’ attorney with the American Civil Liberties Union who successfully argued against the now-blocked citizenship question the administration wanted on the 2020 census forms.

Removing those immigrants from the population counts would shift power to less diverse states. A Pew Research Center study last year found that it could result in House seats that would otherwise be assigned to California, Florida and Texas going instead to Alabama, Minnesota and Ohio — each of which is set to possibly lose a House seat in the next decade due to population shifts.

And drawing new districts within the states based only on the counts of citizens and legal immigrants would likely benefit Republicans, shifting power from cities and immigrant communities to rural parts of the states, which vote for GOP candidates at higher rates

The announcement comes shortly after the court also allowed the Trump Administration to end the Census count early.

Earlier last week, the Supreme Court allowed the Trump administration to stop the census count, blocking lower court orders that directed the count to continue through the end of the month. 

The decision, which the Trump administration favored, came with a candid dissent from Justice Sonia Sotomayor – the court’s only Latina justice.

“Meeting the deadline at the expense of the accuracy of the census is not a cost worth paying,” Sotomayor wrote in her dissent. “Especially when the Government has failed to show why it could not bear the lesser cost of expending more resources to meet the deadline or continuing its prior efforts to seek an extension from Congress. This Court normally does not grant extraordinary relief on such a painfully disproportionate balance of harms.”

But it wasn’t long ago that Trump tried to completely derail this year’s census.

The Trump administration has decided to print the 2020 census forms without a citizenship question, and the printer has been told to start the printing process, Justice Department spokesperson Kelly Laco confirms to NPR.

The move came shortly after the Supreme Court ruled to keep the question off census forms for now and just a day after printing was scheduled to begin for 1.5 billion paper forms, letters, and other mailings.

President Trump had said he wanted to delay the constitutionally mandated headcount to give the Supreme Court a chance to issue a more “decisive” ruling on whether the administration could add the question, “Is this person a citizen of the United States?” A majority of the justices found that the administration’s use of the Voting Rights Act to justify the question “seems to have been contrived.”

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Joe Biden Promises To Fight For Dreamers If Elected In November

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Joe Biden Promises To Fight For Dreamers If Elected In November

Biden For President / Flickr

An overwhelming majority of Americans support protecting Dreamers. Hundreds of thousands of young adults rely on the protection from deportation and work authorization to live with dignity and out of the shadows. Presidential nominee Joe Biden wants to make sure they stay protected.

Dreamers are looking to a Biden administration to finish what an Obama administration started.

Credit: Biden For President / Flickr

According to the official Biden campaign website, the presidential nominee will work with Congress to reinstate DACA protections and to create a pathway to citizenship. DACA was won by undocumented activists putting fear aside and publicly fought to change the minds of Americans and politicans.

“Undocumented ‘youth’ are no longer youth,” says Moises Serrano, DACA activist and the man profiled in the documentary “Forbidden.” “DACA recipients and undocumented immigrants have been living in fear and instability for decades now. We survived eight years under the Obama administration and four years under the Trump administration. Immigration reform was promised under the Obama-Biden platform; a promise that is still unfulfilled.”

He added: “We hope that President Biden puts an end to the instability in our lives once and for all, or we are ready to hold him accountable in the same way we held Obama accountable in our fight for Administrative Relief.”

Biden’s policy proposes protecting Dreamers and helping them advance in this country.

Credit: Biden For President / Flickr

Biden promises to reinstate DACA to protect Dreamers and will be looking into ways to protect their families. The policy put forth by a potential Biden administration is pivotal in giving those who are DACA recipients a chance to live without fear and with all of the rights as their fellow citizens.

“After living through a deep loss in 2016 after losing my second mother and only being granted access to be on her deathbed in Mexico through my ability to get advanced parole through DACA I learned that no loss would ever be greater than that,” said Cindy Nava, a DACA recipient, political operative and policy advocate. “However, November rolled around and another loss took place. One that impacted my life, that of my family and my community.”

DACA is a very important issue as hundreds of thousands of Dreamers are on the line.

Credit: Biden For President / Flickr

People like Nava are hopeful that a Biden administration will bring that dignity back to the immigrant community. It is a community that is vibrant and has contributed vastly to American culture. A BIden administration would be a chance for Nava to see herself reflected in government.

“I am hopeful to see the daughter of immigrants, a woman of color, and a woman I can finally feel represented by be sworn in as the first woman VP of this country,” Nava says. “I will look forward to an administration that listens to the communities it intends to represent. An administration that empowers the entire country to work with each other to support, strengthen, respect and uplift each other each and every day. An administration that values and is grateful for the contributions that immigrants bring to the foundation of our country each and every day.”

Nava wants to see an immigration reform that puts immigrant humanity at the forefront. One that understands the needs for people to seek refuge and a better life in a foreign country.

“No immigrant seeks to find a fix on a silver platter. Nor do they believe that this will be an easy task,” Nava says. “The only thing our families ask for is a chance. Una oportunidad para recordarle a este pais that their lucha and determination comes from a deep sense of ganas to create a life filled with more opportunities than they ever had.”

The battle over DACA is far from over but it is clear that the Trump administration is on the wrong side of public opinion. Biden’s plan would strengthen DACA and restore the program to its full functionality.

READ: Trump Administration Limit DACA Renewals, Blocks New Applications

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