Things That Matter

Supreme Court Blocks Trump Administration From Eliminating DACA

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

ICE Tells International Students To Go Home Or Face Deportation Because Of Switch To Online Classes

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ICE Tells International Students To Go Home Or Face Deportation Because Of Switch To Online Classes

Maddie Meyer / Getty Images

Just as students begin to contemplate what a fall semester might look like amid a global health pandemic, the Trump Administration has thrown another curveball at foreign university students. In a new rule issued by the Immigration and Customs Enforcement (ICE) agency, foreign students must return to their home country if their school will no longer be offering in-person learning, effectively forcing students to decide between full classrooms or international travel during a health crisis.

Once again, a cruel and poorly thought out, hastily announced rule change has thrown the lives of hundreds of thousands into doubt.

The Trump Administration announced new rules that require foreign students in the U.S. to be part of in-person classes.

Despite the global pandemic that is currently spiraling out of control in the U.S., the Trump Administration has issued new immigration guidelines that require foreign students to be enrolled in in-person learning. With this new rule, foreign students attending colleges that will operate entirely online this fall semester cannot remain in the country to do so.

The new comes just as college students begin to contemplate what their upcoming semester might look like and leaves them with an uncomfortable choice: attend in-person classes during a pandemic or take them online from another country. 

And for students enrolled in schools that have already announced plans to operate fully online, there is no choice. Under the new rules, the State Department will not issue them visas, and U.S. Customs and Border Protection will not allow them to enter the country. 

“Active students currently in the United States enrolled in such programs must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status,” read a release from ICE’s Student and Exchange Visitor Program. “If not, they may face immigration consequences including, but not limited to, the initiation of removal proceedings

Already, several major universities have announced their intention to offer online learning because of the Coronavirus pandemic.

Credit: Maddie Meyer / Getty Images

The strict new rule comes as higher education institutions are releasing information on their reopening plans. Schools are preparing to offer in-person instruction, online classes or a mix of both.

Eight percent of colleges are planning to operate online, according to the Chronicle of Higher Education, which is tracking the reopening plans of more than 1,000 U.S. colleges. Sixty percent are planning for in-person instruction, and 23% are proposing a hybrid model, with a combined 8.5% undecided or considering a range of scenarios. 

Harvard University is one of the latest institutions to unveil its plans, announcing on Monday that all undergraduate and graduate course instruction for the academic year will be held online. Joining Harvard’s stance are other prestigious universities, including Princeton and the University of Southern California.

The U.S. has more than 1 million international students from around the world.

The U.S. is the number one destination for foreign students around the globe. More than a million foreign students are enrolled at U.S. colleges and universities, although that number has dipped slightly in recent years – largely attributed to the election of Donald Trump.

Mexico sends more than 15,000 students to the U.S. and Brazil is responsible for 16,000 foreign students in the country. By contrast, China and India send a combined almost 600,000 students to study in the U.S.

The new rule is expected to cost U.S. colleges and universities more than $4 billion.

Credit: Eva Hambach / Getty Images

Putting aside the very real health implications of forcing students to decide between attending in-person classes or traveling back to their home country amid a global pandemic, the U.S. economy is also going to take a hit.

International students in the U.S. contributed nearly $41 billion to the national economy in the 2018-2019 academic year. According to the Institute of International Education, the vast majority of funding for international students comes from overseas, rather than being funded by their host institutions, meaning that international students are big business for American universities. While students will still be required pay tuition fees, it’s possible that a hostile policy towards people seeking to study in the US could discourage prospective students.

If fewer international students are able to study in this country, it could spell trouble for the colleges that bank on them. Over the last decade, deep cuts in state funding for higher education have put pressure on schools to admit more students who need less aid, which is why so many schools have come to rely on the revenue from foreign students, who typically pay top dollar. 

“Those students are also, by and large, paying full tuition to study in this country,” Lakhani said. “That’s a really valuable tuition base.”

Mexico’s AMLO And Trump Plan To Meet In July And Everyone Wants To Know What They’ll Be Discussing

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Mexico’s AMLO And Trump Plan To Meet In July And Everyone Wants To Know What They’ll Be Discussing

Hector Vivas / Drew Angerer / Getty Images

Trump has a long history of treating Mexico as a political punching bag. He literally launched his campaign for president by demonizing Mexicans. BUt despite this, Mexico’s Andres Manuel Lopez Obrador (AMLO) has said the U.S. president has always treated him with respect. After threatening Mexico with tariffs last year, AMLO deployed troops to deter migration by Central Americans across Mexico to the U.S. – in a move many saw as an act of obedience to Trump.

But Trump’s own rhetoric has also changed. During a visit to Arizona last week, he said that it was Mexico who has helped drive down border crossings.

“If you look at so many of the different crimes that come through the border, they’re stopped. We’ve implemented groundbreaking agreements with Mexico,” Trump said during a round table on border security. “I want to thank the President of Mexico. He’s really a great guy. I think he’ll be coming into Washington pretty soon.”

So the two leaders seem to be on good terms. But a meeting with Trump could backfire.

President Trump and Mexico’s President Andres Manuel Lopez Obrador are planning their first personal meeting for July.

In what would be their first head-to-head meeting, Mexican President AMLO and Trump are likely to meet in the beginning half of July, according to officials. It’s a politically risky move for Mexico’s AMLO, who is already being attacked from across the political spectrum for appearing to appease Donald Trump.

AMLO said that in his meeting with Trump he intends to promote their new trade deal (the USMCA), as well as to thank him for sending medical ventilators to Mexico to help with the growing Coronavirus pandemic in the country. The date of the visit though is still not set in stone, since the pair would also want to meet with Canadian Prime Minister Justin Trudeau – since his country is also a signatory to the trade deal.

“It is very important for us participate in the beginning of this historical agreement, which is very timely because it will help us in the recovery of our economy and the creation of jobs,” Lopez Obrador said during his daily press conference.

Mexico’s economy has been battererd by the Coroanvirus and AMLO is betting its recovery is tied to the U.S., since both countries are facing their deepest recessions since the Great Depression.

Many are speculating about the what the meeting could focus on – with there being so many hard pressing issues between the two countries.

Credit: Evan Vucci / Getty Images

AMLO has made it clear that his stated goal of the visit would be to promote the renegotiated trade deal known as the USMCA, formerly NAFTA. However, the Coronavirus pandemic is still raging across the two countries and it’s likely it will be play a major part in discussions as well.

Apart from these two timely topics, both countries are speculating as to what else the two leaders could discuss – especially since Trump has so often spoken poorly of Mexico and issued sweeping demands in the past.

Will the pair discuss immigration, asylum and the border wall?

For AMLO, this would be his first trip out of Mexico since assuming the presidency in 2018.

Credit: Hector Vivas / Getty Images

AMLO assumed the presidency in December 2018, and since then he hasn’t left the country once. He has sent surrogates to attend globally important meetings, including to the U.N. Security Council election and several major economic forums. Instead, AMLO has preferred to stay in Mexico, traveling from state to state promoting his domestic agenda.

Even though AMLO’s critics have encouraged him to take international trips in the interest of Mexico, this is one that most experts agree is a mistake. They’re skeptical that the meeting will be beneficial at all to Mexico.

In a tweet, the former Mexican ambassador to the United States, Arturo Sarukhán, called the potential visit “a big blunder and a mistake,” saying that Trump would only use the Mexican president as an electoral prop. He also called such a visit “suicidal for Mexico’s long-term and strategic relationship with the United States.”

Former foreign minister Jorge Castañeda told Reuters he thought a visit was “a dumb idea” considering it is an election year in the United States.

Complicating matters, AMLO will fly to the U.S. on commercial flights amid a global pandemic.

Credit: Alfredo Estrella / Getty Images

AMLO is well-known as being frugal. He turned the palatial Los Pinos (the formal home of the Mexican President) into a cultural center and instead lives in his own apartment. He drives his own Volkswagen Jetta. And he always flies commercial, wherever he goes. And, apparently, that’s still the plan for his trip to Washington despite a global health crisis.

“I am going to travel on a commercial aircraft,” López Obrador told reporters during his morning news conference. “There is no direct trip from Mexico City to Washington, but you can make a stop. I will arrive a day before the meeting that we will have.”

And for Trump, the meeting would be high stakes given the concessions his supporters will want from Mexico.

Trump literally launched his presidential campaign by demonizing Mexicans. Since then, he’s made several swipes at the country and its people and has pursued inhumane immigration policies that have broken families and likely resulted in the deaths of many. Yet to his supporters, he hasn’t done nearly enough on immigration.

Therefore, it’s widely accepted that Trump will use the meeting as a way to advance his political standing with his core supporters and talk up his ‘achievements’ on border security.