DACA lives! Maybe? Yesterday, U.S. District Judge John Bates ruled that the Department of Justice’s termination of the DACA program rested on a lack of legal reasoning and was unlawful. Judge Bates was the third federal judge to rule that the administration’s termination of DACA was unlawful. However, Judge Bates went even further than the other courts and Judge ordered not only that the DACA program must stay in place, but that the government must accept NEW applications.
Last night, a U.S. District Court in California v DHS issued a nationwide injunction stopping the Trump administration from ending DACA as it relates to renewals. The court ordered DHS “to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017, including allowing DACA enrollees to renew their enrollments.” The administration has vowed to appeal and will likely seek to place this ruling on hold in the appellate court.
What a year! 2017 will go down as one of the weirdest years we can remember. And for all the terrible news, we will remember this year as one of tremendous change and growth. On December 22, 2017, we will officially occupy our new office space at 4530 Wisconsin Avenue. While it is hard to leave downtown Washington DC, driving past the White House has lost nearly all of its charm this year.
Of all the stupid, dirty, slimy, no-good, treasonous, villainous, putrid, double-crossing treachery, low life, vengeful, mean-spirited, spiteful, nasty, pin-headed, pathetic, weak, ugly, traitorous, short-sighted, weak-kneed, unbecoming, dumb, awful, smelly, vile, cruel, vicious, unjustifiable, illogical, unfriendly, basic, ungrateful, pig-nosed, trashy, small-minded, ham-handed, mercenary, ruinous, bad, fallacious, godawful, crummy, abominable, bad trip, lame, poor, slipshod, cruddy, wicked, corrupt, mean, discouraging, unpleasant, sulfurous, harsh, rotten, scandalous and just plain uncool things that Donald Trump has done, his elimination of DACA, after promising to treat the Dreamers with “great heart,” has to be the worst, the lowest, the meanest, the weakest and the dumbest thing his administration has done.
This is the first of several articles detailing the changes to the DACA program announced on Tuesday September 5, 2017. This is meant to give quick and dirty information, whereas the next one we will: (1) get our emotions out; (2) plan our resistance; and (3) offer ideas how DACA holders can protect themselves. Sandwiched between the natural disasters of Hurricanes Harvey and Irma, the Trump administration unleashed its own man made disaster by eliminating Deferred Action for Childhood Arrivals (“DACA”) on September 5, 2017.
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.
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.