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.
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.
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.
Writing in today’s Leadership Blog from the American Immigration Lawyers Association, Dree Collopy explains the fundamentals of asylum law the critics, journalists, and politicians fail to understand: Any refusal to recognize gender-motivated violence such as rape and domestic violence as persecution worthy of protection under the Immigration and Nationality Act and the U.N. Convention and Protocol Relating to the Status of Refugees reflects a complete lack of understanding of women’s relationship to the state and their own governments’ failure to provide adequate protection.
Hay muchas noticias que ICE empezara unos en enero. Todavia, el gobierno no ha anunciado eso, pero, en el espíritu de empoderamiento y lucha, queremos ofrecer algunos consejos sobre cómo responder sí ICE (la migra) llega a su puerta: NO ABRA LA PUERTA. PREGUNTE QUE LE MUESTREN UNA ORDEN JUDICIAL (“WARRANT”). ICE no puede entrar a su casa sin una orden firmada por un juez. Usted no tiene que abrir la puerta.
Este aviso tambien disponible en español. Happy New Year! Have an ICE raid! By now, everyone has heard that the Obama administration plans to celebrate the new year by rounding up families and removing them to Central America. The administration hopes that the images of Central American families coming off of planes in San Salvador and Tegucigalpa will dissuade thousands of Central Americans from fleeing the violence and persecution that threaten their lives on a daily basis.
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.
Much of the world rejoiced yesterday upon seeing the photos of Caitlyn Jenner’s exquisite transformation on the cover of the June issue of Vanity Fair. Much of the commentary I saw focused not so much on her physical appearance, but how she looked at peace and contented to be herself. As an immigration lawyer who has represented many trans asylum seekers, I know and have seen that look.
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+.
Yesterday, several prominent House Democrats called on the administration to end family detention. Organized by Congresswoman Zoe Lofgren of California, the Democrats decried the Obama administration’s detention of women and children fleeing violence in Central America. From the creating of a truncated form of due process in refugee protection to a novel interpretation of bond eligibility to conditions which have caused serious illnesses in the children being jailed by the administration, the entire experience of the gulag archipelago of detention centers was designed not to follow the law and protect asylum-seekers, but as a means of deterrence to other potential refugees.