Things That Matter

DACA Recipients Will Finally Be Heard At The US Supreme Court In A Case That Could Decide Their Future

Ever since Donald Trump took office, his administration has been trying to gut the Obama-era program known as DACA. His government announced in 2017 that it would wind down the Obama-era program, sparking outcry from the Latino community and immigration advocates.

The rescission of the program included a six-month window for Congress to pass legislation offering similar protections for DACA recipients, but lawmakers were unable to get a bill to the president’s desk. So several court cases have been making their way through the legal system and now will end up at the US Supreme Court.

The Supreme Court will take on a challenge to the Trump Administration’s attempt to end DACA.

Credit: @AFP / Twitter

The US Supreme Court agreed on Friday to hear a challenge to President Donald Trump’s attempt to shut down a program that shields hundreds of thousands of young undocumented immigrants from deportation.

The administration has argued that the initial implementation of DACA, through executive order, was unlawful as then-President Obama didn’t have the authority to single-handedly impose such a program. And they argued that then-Acting Homeland Security Secretary Elaine Duke had the agency power to pull back the protections.

The news comes after the 4th Circuit Court of Appeals voted in favor of DACA recipients.

Credit: @haydenblack / Twitter

The 4th Circuit Court of Appeals wrote in its ruling earlier this year that ending the program violated federal administrative law, and that Duke “rescinded a general enforcement policy in existence for over five years and affecting hundreds of thousands of enrollees based on the view that the policy was unlawful.” 

The 9th Circuit Court of Appeals last year also upheld a national injunction blocking the end of DACA, finding that the program’s end was “arbitrary, capricious, or otherwise not in accordance with law.” 

However, Trump said after the ruling that he never expected the circuit court to rule in his favor. “We want to be in the Supreme Court on DACA,” Trump said at the time, calling the ruling “good news.”

The court won’t hear arguments in the case until the next term which begins in October.

Credit: @vmramos / Twitter

The court will hear arguments in the case during its next term, which starts in October, and will probably issue its decision in the spring or summer of 2020, ensuring a fierce immigration debate over the outcome in the midst of the presidential campaign.

While most courts have ruled in favor of DACA, it’s still important that everyone eligible for DACA begin the process immediately.

Credit: @votolatino / Twitter

The lower courts may have decided in favor of DACA recipients and declared the Trump Administration’s move illegal, it’s not a guaranteed outcome at the Supreme Court.

So it’s extremely important that if you’re DACA status is expiring within the next six months, you have got to start your renewal process ASAP!

While reactions on Twitter were swift, most were cautiously optimistic.

Because Dreamers are #heretostay!

Many on Twitter have high hopes for Dreamers and their path to citizenship.

Credit: @thehill / Twitter

The program has been around for years. And it’s a program that benefits children, teens, and young adults who have been in this country for years. So to many it seems like a logical move – let Dreamers stay!

Though not everybody shares the same level of optimism.

Credit: @kylegriffin1 / Twitter

Many suggested that the court, with its new conservative majority, may use this opportunity to deliver Trump a ‘victory’ right in the middle of his 2020 reelection campaign.

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As Republicans Move To Fill Supreme Court Seat, Julián Castro Says Democrats Should Consider Nuclear Option

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As Republicans Move To Fill Supreme Court Seat, Julián Castro Says Democrats Should Consider Nuclear Option

Gabriela Bhaskar / Getty Images

With the death of Supreme Court Justice Ruth Bader Ginsburg, progressives are struggling to figure out their next move. Republicans have made it clear they don’t care about precedent or even following their own made up rules, and plan to attempt to fill the vacancy as quickly as possible.

Some Republicans have even gone as far as saying they’ll vote to confirm Trump’s Supreme Court nominee even if he loses the November election, in a lame duck session of Congress.

This has Democrats in overdrive trying to figure out their game plan and how they’ll respond to Republican efforts to once again steal a Supreme Court seat.

Julián Castro says that Democrats should consider packing the court if they come into power come January.

In an interview with Buzzfeed’s News O’Clock podcast, this year’s only Latino candidate for president said that Democrats should consider adding more justices to the Supreme Court if Senate Republicans rush to confirm a justice to replace Ruth Bader Ginsburg. His announcement is a reversal from his stated position during the presidential campaign.

“For many of us, that wasn’t our preference, but the fact is you have Mitch McConnell not abiding by, not working in good faith under the Constitution. … If you have that kind of abuse of the system, then I think that, yeah, Democrats should be open to different ways that we can stave off draconian changes to our fundamental rights,” he said.

During last year’s presidential primaries, Castro said that he “would not pack the court” if we were elected president, but with reproductive rights, voting rights, and healthcare hanging in the balance, he now believes Democrats should consider structural reform to the court.

“When those are the stakes, and Mitch McConnell is the one who’s abused this system, then yeah, I think we need to be open to considering either adding more justices or other structural reforms that will prevent this kind of abuse in the future,” he said.

Nothing in the Constitution limits the number of justices that sit on the Supreme Court.

Credit: Sam Gateaux / Getty Images

Adding more justices to the Supreme Court, or “packing the court”, has become widely popular among progressives as they see it as a last resort to restoring equality to the court. And the only way in writing wrongs committed by Republican Senate leadership.

Obviously, one concern is that if the Democrats increase the court size when they have power, that the Republicans could expand it again when they regain power. And we would have a never ending saga.

But as the Democrats are once again outplayed and outmaneuvered by the GOP, many say it’s a risk worth taking.

Castro also warned that Biden was losing his traction with Latino voters.

Meanwhile, Castro has also expressed concern that the Biden campaign isn’t doing enough to win the support of Latino voters.

“I believe the campaign gets it in that they understand they have work to do,” Castro said, adding that he thinks that Biden will pick up Latino support by Nov. 3 because the campaign is now investing in voter registration, bilingual messaging across platforms, and tailored outreach to different Latino communities, rather than treating them as one unified voting block.

“The Latino community too often is invisible, it’s an afterthought,” said Castro, who was housing secretary under Barack Obama. “Even though it’s going to be the largest non-white voting group in 2020. I think in every way in American society … there’s this image of the Latino community as though everybody got here five minutes ago.”

Joe Biden’s campaign has “to make sure that they are doing everything they can to reach out to a community that already has one of the lowest rates of voting, that needs to be brought into the fold”, Castro said.

With 29 million eligible voters in 2018, or about 12.8% of the total, Latinos voted more than two-to-one for Democrats, according to Pew Research. That was a much lower rate than for the party’s key bloc, African Americans, who went 90%-9% for Democrats.

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Conservative Cuban-American Federal Judge Tops Trump’s SCOTUS Nominee List

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Conservative Cuban-American Federal Judge Tops Trump’s SCOTUS Nominee List

Supreme Court of Florida / Public Domain

Conservative Cuban judge Barbara Lagoa is said to be towards the top of President Donald Trump’s list of Supreme Court picks. If announced, Lagoa will then undergo a confirmation hearing to fill the seat vacated by Ruth Bader Ginsburg’s death.

President Trump is reportedly considering two very conservative women to fill Ruth Bader Ginsburg’s empty seat on the Supreme Court.

Barbara Lagoa, a Cuban-American federal judge, is one of the women President Trump is seriously considering for the Supreme Court nomination. Critics state that President Trump is trying to stack the court to rule conservatively for decades to come. Lagoa was the first Latina to be appointed to the Florida Supreme Court.

Politicians and political pundits are calling on the Senate to follow precedent they set in 2016. During President Obama’s last year in office, the Republican-led Senate refused to confirm a nominee to the Supreme Court following the death of conservative justice Antonin Scalia in March. The argument was that the American people should have the right to decide who fills the seat since it is an election year. In 2020, the same Senate is committing to rushing a hearing as soon as possible.

Lagoa made a name for herself when she worked to fight Elián González’s deportation.

Lagoa, who currently serves on the 11th Circuit Court of Appeals, worked behind the scenes. Her role in the González fight was in making the argument against the Bill Clinton administration. The judge, like most Cuban-Americans at the time, was desperate to keep González in the U.S. having witnessed the trauma of the Cuban exile diaspora in Miami.

Her position on abortion is up for debate right now.

Lagoa hasn’t had to weigh in on the heavier issues because of her previous positions so it isn’t clear how she’ll rule on abortion matters. However, in her confirmation hearing last year for the 11th Circuit Court of Appeals, Lagoa answered question about Roe v Wade.

Senator Dianne Feinstein of California asked Lagoa about the decision and how she would follow it.

“Roe v. Wade, 410 U.S. 113 (1973), is binding precedent of the Supreme Court and I would faithfully follow it as I would follow all precedent of the Supreme Court regardless of whether it is referred to as ‘super-stare decisis’ or ‘superprecedent,'” Lago wrote in response.

Lagoa did vote to make access voting harder for felons in Florida despite the people voting in 2018.

Lagoa was one of the voting members in the 6-4 ruling of the 11th Circuit Court of Appeals that created voting restrictions for felons. The decision was a key legal victory for the Trump administration and Republicans. Lagoa’s vote made it so that felons could only restore their voting rights if they pay their fees and fines, which the state of Florida is not responsible for telling or showing them how to pay them off.

President Trump is expected to make an announcement soon about who he is going to be nominating to the Supreme Court. A political battle is already brewing as both sides of the aisle fight for the seat.

READ: Latino Politicians And Celebrities Mourn The Death Of Supreme Court Justice Ruth Bader Ginsburg

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