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immigration

What the Arguments in the Supreme Court Mean for DACA

November 14, 2019 by Guest Contributor Leave a Comment

The Obama-era program DACA, Deferred Action for Childhood Arrivals, has been under attack from the moment it was announced in 2012. The program provides legal status for undocumented immigrants who arrived in America before the age of 16 and prior to 2007, allowing them to legally work, get drivers licenses, and attend universities and colleges. Over 700,000 people have utilized the program, many cautiously. The fear was due to the distrust of providing contact and personal identification information to the government while also registering as an undocumented immigrant. These fears have recently proven to be valid.

 

Tuesday’s Oral Arguments

After multiple attempts to end the program, the Trump administration found themselves as defendants in the case against the repeal of DACA. The plaintiffs, made up of DACA recipients from California, New York, and Washington D.C., are making the case that the repeal isn’t on legitimate grounds and would be damaging not only to the recipients who would face deportation, but also the communities they live in.

 

The supreme court heard arguments from Solicitor General Noel Francisco on the side of the defense and Theodore Olsen on the side of the respondents on Tuesday, and its reaction was not comforting to the response. 

 

The current supreme court is relatively conservative compared to recent years, with a 5-4 conservative majority. While liberal justices Elena Kagan and Ruth Bader Ginsberg strongly criticized the basis of Francisco’s arguments, but justices Samuel Alito and Neil Gorsuch showed sympathy for the defendant. 

 

The Arguments of the Defendant

Much of Francisco’s argument was based on policies of the Trump administration, mainly the idea that Obama’s implementation of DACA was illegal. Recent online statements by the president also suggested that the administration is taking a harder line on recipients, stating that many of them are “hardened criminals.” It should be noted that immigrants are only eligible for DACA if they have zero outstanding felonies and no more than three minor misdemeanors, meaning that no legitimate DACA recipient is a “hardened criminal.” 

The defendants also argued that DACA was always intended to be temporary anyway, as shown by the two-year renewal requirements for recipients.

 

The Arguments of the Respondents

Olsen’s argument largely centered around the question of whether or not the Trump Administration’s decision violated the law, as the reasons so far given by the administration have had little basis in fact. The Department of Homeland Security policies that have led to this case has been centered around the idea that Obama violated the law when he signed DACA into law, which the liberal justices questioned. 

The respondents argued that the case should be sent back until the administration could provide an “accurate, reasoned, rationally, and legally sound explanation” for the repeal. This argument led justice Alito to criticize him for wanting to extend the case for another unspecified period of time.

 

What Happens if The Ruling Ends DACA

If DACA is ended, hundreds of thousands of working, studying, and tax-paying residents of the US would face deportation. Beyond that, many of the recipients are now adults and have families with American-born children, which would likely be separated from them if they get deported back to a country they haven’t lived in since they were a child. The ruling would also show a troubling loyalty to the Trump administration, who hasn’t provided a clear and rational reason for its decision. 

 

A ruling on this case is expected by June 2020.

Filed Under: Law, News Tagged With: DACA, immigration

Keeping Up with Immigration News

September 30, 2019 by Guest Contributor Leave a Comment

The time and politics we live in have a way of causing stress and confusion for just about everyone in the United States, with few things as stressful and confusing as trying to keep up with the ever-changing immigration landscape. Whether you’re trying to stay on top of things as an immigrant seeking a work visa or green card, someone who entered the country as a refugee or with Temporary Permanent Status (TPS), or are a lawyer looking for a way to help out, there are ways to keep your finger on the pulse.

 

For Those Seeking Work Visas, Green Cards, Fiance Visas, etc

The processes for permanent residency and work visas are getting more complicated by the day. Waitlists are long and it feels like the rules might be changing as you’re trying to keep up. This is where the assistance of a good immigration lawyer can help. Immigration lawyers are paid to keep up with the US government and understand the intricacies of each type of visa. 

 

If you are more interested in keeping up with laws on your own time (and are a bit of a policy wonk), the U.S. Citizenship and Immigration Services (USCIS) has a news page that keeps track of all press releases, policy updates, and news related to the organization. 

 

For Refugees/Asylum Seekers/DACA Recipients, etc

Refugees and those living with TPS are among the most vulnerable when it comes to the effects of changing immigration laws. If this describes you or your family, you probably already know how hard it is to remain on top of what’s going on in Washington D.C. If this is your situation, you could probably also use an immigration lawyer, one with specialties in refugee/asylum claims, non-permanent residency, and status renewal. Immigration lawyers often have resources on their websites about recent developments in immigration law, usually explained in simpler terms than in the news or on government websites.

 

If you want more immediate updates on immigration news, the Immigration Advocates Network (IAN) has a regularly updated feed of news stories explaining recent developments. This feed collects stories from NPR, The Hill, The Washington Post, and more.

 

For Lawyers Looking to do More

Whether your an immigration lawyer or a lawyer with an interest in immigration, there are things you can do to help. Throughout the zero-tolerance family separation act at the Southern Border, multiple law firms offered pro-bono work for both the families and government workers who refused to comply with the policy.  Due to your understanding of the law, you are able to comprehend much of the USCIS website, which is full of policy manuals and administrative decisions. If you haven’t already, consider starting a blog in your spare time and become another resource people can use.

 

It’s unlikely that immigration policy will become any less complicated in the coming months/years, and until the point that it does it will probably only become more tangled. In the meantime, the best we can do is try and keep up. 

Filed Under: News Tagged With: immigration, pro-bono, resource

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