The future of President Obama’s program, Deferred Action for Childhood Arrivals (DACA) is the subject of intense speculation and even more significant anxiety. Worry over the fate of the program increased significantly this week after Secretary of Homeland Security General John Kelly told the Congressional Hispanic Caucus that it was not clear that DACA could survive a court challenge being threatened by ten states against the program.
Back in November, we made some predictions about what might occur in a Trump presidency as it relates to immigration. Generally, we were very pessimistic and presumed that almost all areas of immigration would become more difficult and challenging for immigrants, families and communities. This has proven to be true, but not in all of the ways we anticipated. In some areas, such as refugees and admission policies, the administration has been as bad as expected.
Our December 2016 Client of the Month is another member of the “Dreamers out of Trump’s reach” club. Andres St. Claire and Jazmine St. Claire are clients of the month after Andres was granted residence seven years after marrying Jazmine Andres St. Claire is a Dreamer who got protection under DACA. But before that, he was in love with Jazmine St. Claire, with whom he shared an immigrant experience and a love of video games and dogs.
Danieca Bugarin Our January 2017 Client of the Month is part of our ongoing series of: “Dreamers that Trump can’t touch!” Danieca Bugarin landed in San Francisco, CA on December 30, 2016, presented her immigrant visa, and was admitted to the U.S. as a permanent resident. Her admission to the U.S. as a permanent resident looked so improbable for the past two years because Danieca was snake-bit when it came to immigration.
The shock over the results of Tuesday’s election of Donald Trump has not yet worn off. After two days of triage in hearing from scared clients and friends, we are now forced to confront what will lie ahead for immigration policy in a new administration. Before we go ahead though, it is important to point out a couple of things. First, our take here is speculative- Donald Trump has never voted for anything as a legislator or taken action as a government official.
Maria Crespo is our Client of the Month for August 2016. Like many of the bright and talented young people who are contributing to our country, Maria, a citizen and national of Peru, was brought to the United States as a four-year-old child. She grew up here like most U.S. citizens do – spending time with her family, going to school, making friends, getting involved in activities, and dreaming about the bright future ahead of her.
“The judgement is affirmed by an equally divided court.” With one sentence, the Supreme Court refused to engage in the question of the President’s authority to extend deferred action to the parents of U.S. citizens (DAPA) and additional young people who entered the U.S. as children (expanded DACA). By affirming the judgement, the Court let the injunction against DAPA and expanded DACA stand, dashing the hopes of millions that there would be the ability to work legally in the U.S.
The Supreme Court is ready to rule on DAPA and expanded DACA soon. Our eyes will be on the Supreme Court today to see if the Supreme Court will issue its decision in U.S. v. Texas, the DAPA/ DACA injunction case. With the Court recessing in less than two weeks, an answer to the question of the legality of DAPA and expanded DACA is forthcoming soon. The Court still has to issue decisions in 13 cases before the end of the term.
Justice Scalia The death of Supreme Court Justice Antonin Scalia has created turmoil in Washington DC and on the Presidential campaign trail. Republicans are uniformly calling on the President to refrain from nominating anyone to fill the vacancy due to the upcoming Presidential election. Within hours of the news of the Justice’s death, Senator Mitch McConnell, the Senate Majority Leader and the man who controls the Senate’s agenda, stated that the “vacancy should not be filled until we have a new President.” The President has stated that he intends to nominate someone to fill the vacancy, setting up a battle with Senate Republicans over whether the nominee will ever get a hearing or approved by the Senate.
What just happened in the 5th Circuit? The U.S. Court of Appeals formally upheld Judge Hanen’s injunction prohibiting the administration for implementing DAPA & DACA. The injunction prohibited the administration from implementing DAPA and expanded DACA until the litigation brought by Texas and twenty six other states was resolved. Injunctions are sought to preserve the status quo while the legality or proposed actions is resolved. Judge Hanen ruled that Texas presented evidence of the possible injury if DAPA or DACA went forward and that Texas was likely to succeed in challenging DAPA and expanded DACA.