Things That Matter

Texas Is Leading The Charge To Overturn DACA And This Man Is Behind The Fight

The state of Deferred Action for Childhood Arrivals (DACA) program is currently in limbo, as it has been since Donald Trump became president. The Democrats are fighting to keep the program that protects young undocumented people from being deported, while the Republicans are putting up their own fight to end it. In the end, however, it’s not going to be up to either party. The U.S. Supreme Court will ultimately decide in October the fate of the program and the estimated 800,000 people that are currently enrolled. There is one man that is fighting DACA tooth and nail and has been doing so for years. 

Texas Attorney General Ken Paxton is one of the fiercest critics of DACA and he just filed an amicus brief on behalf of Texas, and 12 other states. 

Credit: @TXAG / Twitter

An amicus brief is a legal document that is “filed in appellate court cases by non-litigants with a strong interest in the subject matter,” and Paxton has a robust interest in the matter. The other heads of state that signed the legal document include Alabama, Alaska, Arizona, Arkansas, Florida, Kansas, Louisiana, Nebraska, South Carolina, South Dakota, West Virginia, and Mississippi.

“The DACA program was a lawless exercise of executive power, and the Trump administration’s decision to rescind DACA was absolutely necessary to uphold the rule of law,” Paxton said in a statement. “By creating DACA and DAPA, the Obama administration attempted to bypass Congress and unilaterally amend our immigration laws. The president’s duty is to ensure that the law is faithfully executed, not to unilaterally re-write the law anytime the president disagrees with Congress’ decision.”

The fight against DACA has been Paxton’s most significant battle since 2017.

Credit: @SenatorDurbin / Twitter

He alleges that that DACA “puts undue financial strain on states. Under DACA, states bear the cost of providing social services including healthcare, education, and law enforcement, to non-citizens. Texas alone incurs more than $250,000,000 in total direct costs from DACA recipients each year.”

He’s actually wrong about that. DACA recipients, many of which that are highly paid professionals, contribute billions to the United States, which is why most Americans want the program to remain as is

Several appeals courts have already ruled that DACA must remain in place. They stated that the president can make some changes but cannot end it altogether. 

Credit: @statesman / Twitter

In November 2018, a Court of Appeals in the Ninth Circuit ruled “the cruelty and wastefulness of deporting productive young people to countries with which they have no ties.”

That is why the case has been turned over the Supreme Court. The highest court can also hear from both advocates and opponents, and try to settle this matter out of court. However, because the House and Senate are so divided, no conclusion has been met. 

“We will continue to fight tirelessly to protect these outstanding young men and women as we work to ensure America remains a nation of hope, freedom, and opportunity for all,” Speaker Nancy Pelosi said in a statement after the court’s announcement this summer, according to the New York Times

Paxton is eager to win this fight, despite not hearing from his own party, including people that voted for him.  

Credit: @TheToddSchulte / Twitter

Republican voters have told him to end this battle because it’s not worth it. In 2017, Norman E. Adams, Co-founder of the Texans for Sensible Immigration Policy, and a conservative voter sent Paxton an open letter, in which he stated: 

Dear Mr. Paxton, 

First of all, I want you to know that my wife and I contributed to your campaign and voted for you. We did the same for President Trump, and we are proud of what he has done. We are not as happy with what you are doing. General Paxton, your threat of a lawsuit to overturn DACA is a big mistake. Instead of opposing DACA, Texas should follow President Trump’s lead on the 800,000 so-called “dreamers.” Evidently, you have been convinced that opposing DACA is good for you politically. We did not elect you to practice politics. We elected you to use good judgment and to make sound decisions that benefit Texans.

Paxton can fight all he wants but he should know that DACA supporters (both Democrat and Republican) will fight for DREAMers as well. And, since he is DACA’s loudest critic he doesn’t have much a chance to win anyway. 

READ: Experts Are Warning The U.S. Supreme Court About The Economic Impacts Of Rescinding DACA Protections

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Family Of Man Who Died From Taco Eating Contest Sue Fresno Grizzlies Owner

Entertainment

Family Of Man Who Died From Taco Eating Contest Sue Fresno Grizzlies Owner

Dana Hutchings, 41, entered a taco eating contest during a Fresno Grizzlies game in 2019. He choked and died during the contest and now his son has filed a lawsuit against the baseball team.

The son of a man who died from a taco eating contest is suing for wrongful death.

Dana Hutchings, 41, died after choking during a taco eating contest during a Fresno Grizzlies game. His son has filed a wrongful death lawsuit claiming that the event organizers were not equipped to host the event. Furthermore, the lawsuit claims that the organizers failed to provide a medical response team.

“People say all the time he knew what he was getting into, well clearly he didn’t,” Martin Taleisnik, an attorney representing Hutchings’ son, Marshall told CBS17.

Marshall and his attorney are pushing back at the notion that Dana should have known better.

People have sounded off on social media criticizing the family for filing the lawsuit. Yet, the family and their attorney are calling attention to the lack of information given to contestants.

“If you don’t know all the pitfalls, how can you truly be consenting and participating freely and voluntarily? It’s a risk that resulted in a major loss to Marshall,” Taleisnik told CBS17.

Dana’s family is seeking a monetary settlement from the Fresno Grizzlies owners.

The wrongful death lawsuit names Fresno Sports and Events as the responsible party. The lawsuit also notes that alcohol was made available to contestants and added to the likelihood of the tragedy.

“We are devastated to learn that the fan that received medical attention following an event at Tuesday evening’s game has passed away. The Fresno Grizzlies extend our heartfelt prayers and condolences to the family of Mr. Hutchings,” a statement from the Fresno Grizzlies read after the death in 2019. “The safety and security of our fans is our highest priority. We will work closely with local authorities and provide any helpful information that is requested.”

READ: Kobe Bryant’s Wrongful Death Lawsuit Has Tragically Been Moved To Federal Court Despite Vanessa Bryant’s Pleas

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Rite Aid Refused To Give Undocumented Residents The COVID-19 Vaccine Even Though They’re Eligible

Things That Matter

Rite Aid Refused To Give Undocumented Residents The COVID-19 Vaccine Even Though They’re Eligible

As the United States ramps up its vaccination program (with more than two million people getting vaccinated each day), many Americans are eager to get that jab in the arm. But who is eligible varies from state to state and sometimes even county to county.

Despite the different eligibility thresholds in each state (depending on age group or risk factors), there is no immigration requirement whatsoever at the federal, state or local level. However, not all places are following that guideline and some undocumented residents are being incorrectly turned away.

The pharmacy chain Rite Aid is apologizing after two undocumented residents were denied vaccines.

The giant pharmacy chain Rite Aid has apologized to two undocumented immigrants who the company said were “mistakenly” denied COVID-19 vaccinations at Southern California stores. However, since then, the two women have been invited back by Rite Aid to get their vaccinations and the chain has issued an apology.

Rite Aid spokesperson Christopher Savarese described both cases as “isolated” incidents resulting from workers at the stores not following established protocols for vaccine eligibility. The employees will be re-educated on the protocols to make sure everyone is on the same page.

In a statement later sent to ABC News, Rite Aid officials said, “In such an unprecedented rollout, there are going to be mistakes and there will be always areas for providers to improve — we’re seeking out those opportunities every day.”

Savarese added, “This is very important to us that this is corrected. Both of the situations that we’re talking about have been resolved, and both of those people will be getting their vaccine at Rite Aid.”

To clarify, just who is eligible for the vaccine at this moment?

Although vaccine eligibility does vary from state to state, even county to county, there is nothing requiring that someone prove their immigration status to receive a vaccine. Rep. Tony Cárdenas, who represents Los Angeles, told ABC News that the legal immigration status of a person is not supposed to interfere with them getting vaccinated.

“That is not a requirement whatsoever at the federal, state or local level, and that organization (Rite Aid) has been told very clearly that that was wrong, and they immediately apologized for doing so, but it left the woman very distraught,” Cárdenas told KABC of Rager’s employee.

On Feb. 1, the federal Department of Homeland Security issued a statement that the agency and its “federal government partners fully support equal access to the COVID-19 vaccines and vaccine distribution sites for undocumented immigrants.”

“It is a moral and public health imperative to ensure that all individuals residing in the United States have access to the vaccine. DHS encourages all individuals, regardless of immigration status, to receive the COVID-19 vaccine once eligible under local distribution guidelines,” the DHS statement reads.

However, the confusion over whether undocumented immigrants qualify to receive vaccine has continued to occur not only in Southern California, but elsewhere in the country. The University of Texas Rio Grande Valley issued an apology to at least 14 people who were rejected Feb. 20 at its vaccination site because they could not provide proof of U.S. residency.

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