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 proposed expansion of the I-601A provisional waiver of inadmissibility due to unlawful presence has finally become a reality. The President announced the expansion of the waiver as part of his November 2014 suite of executive actions designed to ameliorate the harsh results of strict enforcement of U.S. immigration laws. Of course, the heart of those reforms was deferred action for the parents of U.S. citizens, which remains delayed by an injunction imposed by a Texas judge which the Supreme Court punted on.
We are thrilled to announce Jorge Martinez and Christopher Gallo as our July 2016 Clients of the Month. Jorge is a permanent resident who just returned from Honduras where he obtained his immigrant visa after being approved for an I-601A provisional waiver for hardship to his U.S. citizen husband, Chris. Jorge returned to Honduras after being gone for more than 20 years and was able to hug his mother again and reunite with his extended family.
“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.
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.
Even as the Obama administration takes steps to protect transgender children in schools and provide access to health care for trans people, the President’s illiberal approach to immigration continues to affect trans women in predictable and violent ways. As accolades were heaped on the administration from transgender advocates, the administration announced the creation of a new detention facility designed to hold trans detainees in Alvarado, Texas. Immigration & Customs Enforcement (ICE) announced a 36 bed enclave in the 700 bed facility that will be dedicated to trans detainees and will, in the words of ICE, operate along the most advanced lines of transgender care.
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.
This post was written by BR’s administrative services manager, Naya Gonzalez. 100 women, 100 miles. Waving banners, singing hymns, pushing strollers and full of hope – that’s how 100 women walked 100 miles from an immigration detention center in York, Pennsylvania all the way to Washington, DC, where they arrived Tuesday night. They were inspired by Pope Francis’s call to justice for immigrants all over the world: “We must respond to the globalization of migration with the globalization of charity and cooperation,” the Pope has said.
The Court of Appeals for the 5th Circuit in a 2-1 decision refused the Obama administration’s request for an emergency stay of Judge Andrew Hanen’s injunction against the President’s deferred action (DAPA and DACA+). This action leaves the stay in place, meaning that the administration remains unable to proceed with DAPA and DACA relief to millions of immigrants. Two judges of the 5th Circuit found that the Obama administration was “unlikely to succeed” in establishing that Texas and the other 25 states lack a sufficient injury, or “standing,” to challenge the President’s actions in creating DAPA and DACA+.