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Courts Have Ruled To Protect The DACA Program But These Seven States Didn’t Get The Memo

In yet another another blow to Deferred Action for Childhood Arrivals (DACA), Texas and six other states are suing to end the program that would protect young undocumented immigrants from deportation. The lawsuit filed on Tuesday by Republican Texas Attorney General Ken Paxton, comes a week after a federal judge ordered the Trump administration to continue the program which has been in the midst of a year long legal battle. Paxton had threatened legal action for the past year if the program didn’t end.

Earlier this year, a ruling by a U.S. District Court in California blocked the federal government from canceling DACA, forcing the administration to leave it in place indefinitely. Similar decisions were issued by district courts in New York and Washington. The Washington Circuit Court ruled on April 24 that the Trump administration has 90 days to fully restore DACA.

Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia are suing the U.S. government to end DACA.

This isn’t the first time Paxton has attempted to end programs similar to DACA. Back in 2014, Texas led a charge in suing the federal government over a new immigration policy the Obama administration was trying to roll out. The program was Deferred Action for Parent of Americans and Legal Permanent Residents (DAPA) and included a DACA expansion. The case was taken to 5th US Circuit Court of Appeals and in 2016 made its way to the Supreme Court, where justices deadlocked the case 4-4.

“Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy,” Paxton said in a statement. “Left intact, DACA sets a dangerous precedent by giving the executive branch sweeping authority to ignore the laws enacted by Congress and change our nation’s immigration laws to suit a president’s own policy preferences.”

The GOP party has battled DACA since the program was put in place in 2012 by then President Obama.

Since President Donald Trump began his run for office, immigration reform has been one of his biggest targets with DACA at the top of his list. Upon taking office Trump removed privacy protections for DACA recipients with a provision in his executive order. Under the Obama administration, the information of DACA recipients was protected from ICE agents.

Immigration reform has been one of the most divisive issues in the country and has been more divided since Trump took office.

Attorney General Jeff Sessions announced last September it would end the DACA program by March 5, setting up a six-month deadline for Congress to address those who were brought to the U.S. illegally as children. However, the latest court decision from Washington means that United States Immigration and Customs Enforcement must accept renewal requests.

There are currently 689,000 DACA recipients in the US  as of Sept. 4, 2017.

At the program’s peak, 800,000 people were approved for DACA since it was launched in 2012 and 40,000 became legal permanent residents, obtaining green cards.

The next chapter for DACA could be decided in a Supreme Court case that could happen as early as this year.

This means that DACA renewals will likely remain open at least until the Supreme Court agrees to take up the case after the appeals courts rule which will be during the Court’s next term, which starts this October.


READ: A Third Federal Judge Ruled That The Trump Administration Didn’t Provide Enough Evidence To Rescind DACA

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Joe Biden Promises To Fight For Dreamers If Elected In November

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Joe Biden Promises To Fight For Dreamers If Elected In November

Biden For President / Flickr

An overwhelming majority of Americans support protecting Dreamers. Hundreds of thousands of young adults rely on the protection from deportation and work authorization to live with dignity and out of the shadows. Presidential nominee Joe Biden wants to make sure they stay protected.

Dreamers are looking to a Biden administration to finish what an Obama administration started.

Credit: Biden For President / Flickr

According to the official Biden campaign website, the presidential nominee will work with Congress to reinstate DACA protections and to create a pathway to citizenship. DACA was won by undocumented activists putting fear aside and publicly fought to change the minds of Americans and politicans.

“Undocumented ‘youth’ are no longer youth,” says Moises Serrano, DACA activist and the man profiled in the documentary “Forbidden.” “DACA recipients and undocumented immigrants have been living in fear and instability for decades now. We survived eight years under the Obama administration and four years under the Trump administration. Immigration reform was promised under the Obama-Biden platform; a promise that is still unfulfilled.”

He added: “We hope that President Biden puts an end to the instability in our lives once and for all, or we are ready to hold him accountable in the same way we held Obama accountable in our fight for Administrative Relief.”

Biden’s policy proposes protecting Dreamers and helping them advance in this country.

Credit: Biden For President / Flickr

Biden promises to reinstate DACA to protect Dreamers and will be looking into ways to protect their families. The policy put forth by a potential Biden administration is pivotal in giving those who are DACA recipients a chance to live without fear and with all of the rights as their fellow citizens.

“After living through a deep loss in 2016 after losing my second mother and only being granted access to be on her deathbed in Mexico through my ability to get advanced parole through DACA I learned that no loss would ever be greater than that,” said Cindy Nava, a DACA recipient, political operative and policy advocate. “However, November rolled around and another loss took place. One that impacted my life, that of my family and my community.”

DACA is a very important issue as hundreds of thousands of Dreamers are on the line.

Credit: Biden For President / Flickr

People like Nava are hopeful that a Biden administration will bring that dignity back to the immigrant community. It is a community that is vibrant and has contributed vastly to American culture. A BIden administration would be a chance for Nava to see herself reflected in government.

“I am hopeful to see the daughter of immigrants, a woman of color, and a woman I can finally feel represented by be sworn in as the first woman VP of this country,” Nava says. “I will look forward to an administration that listens to the communities it intends to represent. An administration that empowers the entire country to work with each other to support, strengthen, respect and uplift each other each and every day. An administration that values and is grateful for the contributions that immigrants bring to the foundation of our country each and every day.”

Nava wants to see an immigration reform that puts immigrant humanity at the forefront. One that understands the needs for people to seek refuge and a better life in a foreign country.

“No immigrant seeks to find a fix on a silver platter. Nor do they believe that this will be an easy task,” Nava says. “The only thing our families ask for is a chance. Una oportunidad para recordarle a este pais that their lucha and determination comes from a deep sense of ganas to create a life filled with more opportunities than they ever had.”

The battle over DACA is far from over but it is clear that the Trump administration is on the wrong side of public opinion. Biden’s plan would strengthen DACA and restore the program to its full functionality.

READ: Trump Administration Limit DACA Renewals, Blocks New Applications

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President Trump Falsely Claimed That Covid Is To Blame For Ending DACA

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President Trump Falsely Claimed That Covid Is To Blame For Ending DACA

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In 2017, then-Attorney General Jeff Sessions held a press conference terminating Deferred Action for Childhood Arrivals (DACA) on behalf of the Trump administration. Since then hundreds of thousands of DACA recipients have lived in uncertainty. President Donald Trump tried to rewrite history at his town hall event Oct. 15.

President Donald Trump blamed the end of DACA on Covid during his town hall.

The truth is that President Trump’s administration attempted to end DACA in 2017. Former Alabama Senator Jeff Sessions was the attorney general at the time and made the announcement in a press conference. Since then, the Trump administration has continued to advance a lawsuit to terminate the program. DACA allows for hundreds of thousands of adults to work and live in the U.S. without fear of deportation.

Long before Covid, the Trump administration was told to resume DACA as intended.

Instead, the Trump administration has violated federal orders and continued to restrict DACA and those who can apply. The Supreme Court refused to hear arguments against DACA meaning that the lower court’s ruling stood. The ruling was that the Trump administration had to reinstate the program in full. However, the Supreme Court did not dismiss the case allowing for the administration to come back.

President Trump also claimed that DACA recipients and Dreamers are not that same.

Another falsehood by the president at the town hall. DACA recipients are indeed Dreamers. The term Dreamers does apply to DACA recipients who would benefit from the DREAM Act. The legislation would legally enshrine the protections of DACA and was introduced by Sen. Dick Durbin of Illinois in 2001. Over the course of 19 years, the piece of legislation has not moved despite the overwhelming support from the American public.

People watching the town hall were quick to call out President Trump.

People are not letting President Trump get away with trying to rewrite history about DACA. His administration is the one trying to strip DACA recipients of their protections. At one point, President Trump tried using DACA recipients as political pawns in an attempt to secure funding for his border wall.

Voters are calling on other voters to help protect the program in November.

The two nominees have very different DACA plans. President Trump has and will continue to try to take away the protections from DACA recipients. Former Vice President Joe Biden has a plan to offer citizenship to DACA recipients, something American voters support. DACA is a wildly popular program that gives some of the most vulnerable people in our society a chance to live a normal life.

READ: The Trump Administration Has Officially Rescinded DACA. Here’s What You Need To Know.

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