Things That Matter

Sonia Sotomayor Calls The Case On DACA’s Fate One Of The Justices Deciding Whether To Destroy Lives

While the US Supreme Court’s conservative-majority justices are seemingly ready to allow Trump to rescind Obama’s Deferred Action for Childhood Arrivals (DACA) program, Justice Sonia Sotomayor clearly stated her opinion that the court’s decision, “is not about the law; this is about our choice to destroy lives.” The 2012 policy shields immigrants, who were brought to the United States as children without documentation, from deportation and allows them to work for up to two years at a time. Research shows that DACA has reduced the number of undocumented immigrants living in poverty, and has improved mental health status for DACA participants and their children. The Trump administration rescinded DACA protections for nearly 700,000 recipients in 2017. 

On Tuesday, the Supreme Court heard oral arguments to end DACA and is expected to deliver a decision by Spring 2020.

Two memos lie at the heart of the decision.

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The first memo was begrudgingly given by then Acting Secretary of Homeland Security, Elaine C. Duke. Duke’s volunteer history included offering legal aid to immigrants. During a White House meeting with Steve Bannon and Stephen Miller, she was pressured to issue a memo that would end DACA. Attorney General Jeff Sessions told Duke that DACA was illegal, on the grounds of it exceeding presidential power. Duke issued a bare-bones memo that offered no policy reason for the end of DACA, except that it was unlawful. She later resigned.

Her replacement, Kirstjen Nielsen, retroactively justified the decision with a second memo, which included a new reason to end DACA: to project a message of consistency of enforcement of all immigration laws.

Now, US solicitor general Noel Francisco is arguing that Obama’s decision to introduce DACA exceeded presidential power.

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“Basic administrative law is you look at what’s first given to you,” Justice Sonia Sotomayor told Francisco, not “what you add later.” Still, she said that even if “you ignore that and even look at the Nielsen memo, I think my colleagues have rightly pointed there’s a whole lot of reliance interests that weren’t looked at.” What’s crucial to this decision, according to Sotomayor, is that President Trump had told “DACA-eligible people that they were safe under him and that he would find a way to keep them here. And so he hasn’t and, instead, he’s done this.” 

In 2017, Trump tweeted, in reference to DACA recipients, “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?”

Trump tweeted Tuesday that DACA recipients are “far from angels.”

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“Many of the people in DACA, no longer very young, are far from ‘angels,'” Trump tweeted Tuesday. “Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!”

A major requirement for DACA recipients is that they have no criminal record. “Trump is fear-mongering and falsely accusing people of color,” Dr. Eugene Gu tweeted. “Many DACA recipients are doctors, lawyers, professors, scientists, teachers, and integral members of society. Many have never set foot in their original countries for their whole lives and speak mainly English. Threatening to deport them through racist fear-mongering is evil.”

The events leading up to the memo led Sotomayor to believe “that this is not about the law; this is about our choice to destroy lives.”

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Trump’s promise to protect DACA recipients during his campaign and his about-face is “something to be considered before you rescind a policy. Not just say I’ll give you six months to do it – to destroy your lives.” At the end of the day, Sotomayor is pointing out that Francisco’s argument is not evident in the memos. “Where is all of this in the memo? Where is all of this really considered and weighed? And where is the political decision made clearly,” she asked. Sotomayor concluded, “that this is not about the law; this is about our choice to destroy lives.”

Sotomayor also argued that DACA simply allows law enforcement agencies to prioritize its use of its limited resources.

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“I have always had some difficulty in understanding the illegality of DACA,” Sotomayor offered her opinion. “We all know [ICE] has limited resources. It can’t, even when it wants to remove the vast majority of aliens we have here. And so I’ve always had some difficulty in understanding what’s wrong with an agency saying, we’re going to prioritize our removals, and for those people, like the DACA people who haven’t committed crimes, who are lawfully employed, who are paying taxes, who pose no threat to our security, and there’s a whole list of prerequisites, we’re not going to exercise our limited resources to try to get rid of those people. I — I still have an impossible time.”

Oh, and Sotomayor was interrupted numerous times by Francisco and her male peers.

Credit: US Supreme Court

A 2017 Northwestern Pritzker School of Law study found that male justices interrupt female justices three times as often as each other during oral arguments. The study also found that conservative justices were twice as likely to interrupt liberal justices than liberal justices were to interrupt their conservative peers. According to Supreme Court transcripts, Justice Sotomayor was interrupted by Justice Neil Gorsuch. The two both awkwardly apologized to each other when Sotomayor graciously told Gorsuch, “No, no, continue.”

When Justice Sotomayor was in the middle of her arguments, General Francisco interrupted her, saying, “So I guess I have three responses, Your Honor.” Sotomayor bluntly said, “All right. But let me just finish my question.” Francisco casually said, “Oh, sure,” to which Sotomayor incredulously asked, “Okay?” “Yeah,” Francisco responded to the Justice.

A decision is expected to be made public by Spring 2020.

READ: Justice Sonia Sotomayor Breaks New Two-Minute Rule By Interrupting Lawyer During Immigration Case

Trump Uses Coronavirus Pandemic To Announce He’s Suspending All Immigration To The U.S. And Here’s What You Need To Know

Things That Matter

Trump Uses Coronavirus Pandemic To Announce He’s Suspending All Immigration To The U.S. And Here’s What You Need To Know

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Donald Trump ran on a campaign pledge to severely limit the rights of migrants and refugees attempting to reach the United States. In office, he wasted no time restricting authorized and unauthorized immigration, with travel bans for citizens of a number of Muslim-majority nations, cutting the numbers of refugees the U.S. accepts, and pushing ahead with plans to build a wall on the southern border.

Now amid a global health pandemic, the president is looking to scapegoat migrant and refugee communities by banning all applications for immigration to the U.S. The move is largely seen as symbolic, however, since the U.S. has already largely stopped processing immigration applications due to reduced capacity.

The White House on Monday announced that President Trump would be signing an executive order to temporarily ban all immigration to the U.S.

President Trump tweeted on Monday that he will pass an executive order to suspend immigration to the United States, claiming that he is seeking to protect jobs in the midst of the coronavirus crisis. Democrats were quick to criticize it as a “dumb move” and pointed to testing as a safe way to reopen the economy. Not to mention that the U.S. is already home to the largest number of cases around the globe.

Trump tweeted: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”

Obviously, since he made the major announcement over Twitter, there is very little clarity over what immigration programs might be impacted. And the White House still hasn’t offered any guidance on what Trump meant by the tweet.

Trump has taken credit for his restrictions on travel to the U.S. from China and hard-hit European countries, arguing it contributed to slowing the spread of the virus in the U.S. But he has yet to extend those restrictions to other nations now experiencing virus outbreaks.

Although the announcement has left many in shock, the U.S. was already severely limiting immigration due to the pandemic.

Already, much of the immigration flow into the country has been paused during the coronavirus pandemic, as the government has temporarily stopped processing all non-worker visas. And, the executive order in its current form will exempt seasonal foreign farm worker visas, one of the largest sources of immigration at the moment.

The administration has already restricted foreign visitors from China, Europe, Canada and Mexico, and has paused processing for immigrants trying to come into the U.S. on non-worker visas because of office closures.

But given the usual chaotic roll out of Trump Administration directives, we still don’t know how long this suspension will last nor what will happen with the applicants already being processed.

Thomas Homan, Trump’s former acting director of Immigration and Customs Enforcement, told Reuters: “It’s really not about immigration. It’s about the pandemic and keeping our country safer while protecting opportunities for unemployed Americans.”

And it seems the fact that the U.S. already has the largest number of cases on Earth is completely lost on the president.

As of early April, the United States is now home to the largest number of confirmed Covid-19 infections on the planet. There are more than 800,000 cases confirmed by testing and more than 44,000 deaths associated with the virus. In fact, the U.S. now makes up for nearly a third of all Covid-19 infections and a quarter of all deaths.

If Trump wants to make an impact and help flatten the curve in the United States, he should stop promoting the anti-lockdown protests instead of scapegoating immigrant and refugee communities.

Democrats and migrant right’s groups quickly slammed the president’s proposal as xenophobic and counter-productive.

Sen. Kamala Harris of California, also a former 2020 presidential candidate, responded to Trump’s tweet as well, saying the move was “shamelessly politicizing this pandemic to double down on his anti-immigrant agenda.”

“Trump failed to take this crisis seriously from day 1,” she wrote. “His abandonment of his role as president has cost lives. And now, he’s shamelessly politicizing this pandemic to double down on his anti-immigrant agenda. Enough, Mr. President. The American people are fed up.”

Rep. Eric Swalwell of California, a Democrat who ran for the party’s 2020 presidential nomination, said in response, “We don’t need to protect America from immigrants. We need to protect her from you.” Now that’s a pretty legit clapback.

Woman Reunited With Her Parents Because Of Her Son And The Touching Moment Was Caught On Video

Entertainment

Woman Reunited With Her Parents Because Of Her Son And The Touching Moment Was Caught On Video

The immigrant experience in the U.S. is a plethora of stories with different endings. One common storyline in the current immigration crisis is the separation of families. A viral video of Twitter is showing the immigrant experience in a touching and hopeful way.

Luis Cortes Romero, a DACA recipient in California according to his Twitter bio, posted a video of his mother being reunited with her parents for the first time in 30 years. The video starts with a woman being asked to come into another room. When she rounds the corner, she stops dead in her tracks as she tries to take int eh scene before her. After 30 years, she finally got to see her parents again.

Romero is an attorney and, according to the tweet, he always vowed to bring his grandparents to the U.S. to see their daughter. The moment was captured on video and you can feel the emotions coming through the screen.

Romero briefly described the challenges he faced while getting his grandparents visas to come to the U.S.

Credit: @LCortesRomero / Twitter

A parent’s love is something so special and unconditional. Despite his grandfather being deaf, mute, and illiterate, his grandparents took trips by bus every time they tried for a visa. It took five tries before the couple finally had their visas approved for a visit to the U.S.

The family even got to celebrate his birthday while he was visiting.

Credit: @LCortesRomero / Twitter

The smile on his mom’s face says it all. Imagine having to go 30 years without seeing your parents because of your choice to immigrate or a better life. So many immigrants sacrifice their families, friends, and everything they know in order to achieve a better life for them and their families. The video shows the emotional toll that the immigration experience can take on a family.

People on social media are showering Romero with so much respect.

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The Twitter video shows so much love and family unity. It is an intimate look into a life so many Americans will never know or experience. One of overwhelming joy following decades of unfathomable sadness and separation.

The cries from the children seeing their parents are something so many of us can relate to.

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Whether or not you have separated from your parents for decades, it is easy to understand the longing for your parents. There is nothing more comforting than being able to see your parents when something goes wrong. There are so many times as adults that we need to rely on our parents, whether we like to acknowledge it or not.

The separation of families is a moment in American history that we will have to face.

Credit: @IamNurseTrish / Twitter

Immigration advocates have called the separation of families at the southern border is damaging. The psychological damage to the children being taken by their parents is devastating.

Way to go, Luis.

Thank you for being such an exceptional son.

READ: This Video Of A Mexicana And Her Parents Reuniting After 23 Years Is A Reminder That Conservatives Have Immigration Wrong