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 The Trump administration rescinded DACA protections for nearly 700,000 recipients in 2017.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.

Credit: @Princeton / Twitter

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.

Credit: @realdonaldtrump / Twitter

“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.”

Credit: @realdonaldtrump / Twitter

“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.”

Credit: @Grindr / Twitter

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.

Credit: @Grindr / Twitter

“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

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Here Are The Executive Actions That President Biden Is Signing His First Day In Office

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Here Are The Executive Actions That President Biden Is Signing His First Day In Office

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President Joe Biden has a lot of work ahead of him and he is hitting the ground running. On his first day in office, President Biden has a series of executive actions he is signing to reverse a lot of the damage created by the Trump administration. Here are some of the things President Biden will do with these actions.

The border wall on the southern border is done, y’all.

President Biden is saving the taxpayers billions of dollars by halting the construction of President Trump’s border wall. The border wall is one of former President Trump’s several unfulfilled promises at the expense of the taxpayers.

Despite his unrelenting campaign, Mexico never paid a dime to the wall. President Biden’s action to halt the border wall is a humanitarian and conservationist move that will save billions of tax dollars. According to estimates, there would be $3.3 billion in unused funds in the projects accounts.

The emotionally devastating Muslim ban will finally come to an end.

Former President Trump famously put an end to travel from predominantly Muslim countries. The order arbitrarily excluded a group of people based on their religion. The order that has kept families apart for years is finally coming to an end thanks to President Biden.

President Biden’s ation will bring families together and safeguards the rights of religious freedom. The ban has kept spouses separated, children apart from parents, and caused real damage. There is more to be done to make up for the stain on American history and the action is the first step.

The Keystone XL Pipeline is toast.

We all remember the terrifying scenes of Native people being brutalized by federal officials under Trump’s command. President Biden will make sure that the permit for the pipeline is revoked and put an end to a project that has been devastating the Native community. Activists have been fighting for years to get this done.

Undocumented people will have to be included in census counts.

President Biden is getting rid of the Trump administration’s terrible policy of ignoring undocumented people in the census. There have been several arguments by officials that the move would work to undermine certain states. The policy would take federal money away from states that did not support the former president and have high undocumented populations.

President Biden is going to preserve DACA.

More than 600,000 people benefit from the Obama-era program. Former President Trump waged a war against DACA and Dreamers for political points. Most Americans support DACA and a pathway to citizenship for DACA beneficiaries. With the new executive action, President Biden will instruct the federal government to restore the program to its fullest.

There is still a lawsuit the Biden administration will have to fight. The lawsuit challenging DACA’s legality was filed by Texas Attorney General Ken Paxton.

In total, President Biden will sign 17 executive actions that will roll back several issues created by the previous administration.

“Today, hours after taking the oath of office, President-elect Biden will take a historic number of actions to deliver immediate relief for families across America that are struggling in the face of converging crises. He will sign a combination of executive orders, memoranda, directives, and letters to take initial steps to address these crises, including by changing the course of the COVID-19 pandemic, providing economic relief, tackling climate change, and advancing racial equity,” reads a statement from the Biden-Harris Transition Team. “President-elect Biden will take action — not just to reverse the gravest damages of the Trump administration — but also to start moving our country forward. These actions are bold, begin the work of following through on President-elect Biden’s promises to the American people, and, importantly, fall within the constitutional role for the president.”

READ: President Joe Biden’s And Vice President Kamala Harris’ Inauguration Represented America

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Google Is Pledging $250K To Help With DACA Applications And Renewals

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Google Is Pledging $250K To Help With DACA Applications And Renewals

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Deferred Action for Childhood Arrivals, or DACA, is not a contentious topic among Americans. The program offers young adults who entered the U.S. as children relief from deportation and a chance to live out of the shadows. Now that it has been reinstated, Google wants to help some people achieve the dream of being a DACA recipient.

Google is pledging a quarter of a million dollars to help people apply for DACA.

The Trump administration did everything in their power to end DACA. The constant uncertainty has left hundreds of thousands of young people in limbo. The war waged against Dreamers by the Trump administration came to a temporary end when a federal judge ruled that Chad Wolf was illegally installed as the head of the Department of Homeland Security. It invalidated a member from Wolf stating that no new DACA applications would be approved.

Kent Walker, the SVP of Global Affairs, laid out the case for DACA in an essay.

Walker discusses the uncertainty the hundreds of thousands of DACA recipients currently face after the tumultuous time for the program. He also touches on the economic hardships that has befallen so many because of the pandemic. With so many people out of work, some Dreamers do not have the money to apply or renew their DACA due to a lack of financial resources. For that reason, Google is getting involved.

“We want to do our part, so Google.org is making a $250,000 grant to United We Dream to cover the DACA application fees of over 500 Dreamers,” writes Walker. “This grant builds on over $35 million in support that Google.org and Google employees have contributed over the years to support immigrants and refugees worldwide, including more than $1 million from Googlers and Google.org specifically supporting DACA and domestic immigration efforts through employee giving campaigns led by HOLA (Google’s Latino Employee Resource Group).”

People are celebrating Google for their decision but are calling on Congress to do more.

Congress will ultimately have to decide on what to do for the Dreamers. There has been growing pressure from both sides of the aisle calling on Congress to work towards granting them citizenship. DACA is a risk of being dismantled at any moment. It is up to Congress to come through and deliver a bill to fix the issue once and for all.

“We know this is only a temporary solution. We need legislation that not only protects Dreamers, but also delivers other much-needed reforms,” writes Walker. “We will support efforts by the new Congress and incoming Administration to pass comprehensive immigration reform that improves employment-based visa programs that enhance American competitiveness, gives greater assurance to immigrant workers and employers, and promotes better and more humane immigration processing and border security practices.”

READ: New DACA Applications Were Processed At The End Of 2020 For The First Time In Years

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