Posts tagged with "DACA"

Living the dream: Supreme Court blocks Trump repeal of DACA immigration program

June 19, 2020

In a 5-4 ruling that affects more than 600,000 undocumented immigrants who were brought to the United States as children, the Supreme Court ruled on June 18 that the Trump Administration did not provide sufficient reasons for canceling the Deferred Action for Childhood Arrivals program (DACA); which was first announced by former President Barack Obama in June 2012.

In an opinion written by Chief Justice John Roberts, the SCOTUS rejected the White House’s decision to cancel the program, which has provided legal protections and work authorizations to undocumented immigrants, The Wall Street Journal reported.

“The dispute before the Court is not whether [the Department of Homeland Security] may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so,” Chief Justice Roberts wrote, joined in full or part by liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

He added that the decision didn’t address “whether DACA or its rescission are sound policies,” which wasn’t the court’s concern. But the government failed its duty under the Administrative Procedure Act to “provide a reasoned explanation for its action,” including “what if anything to do about the hardship to DACA recipients.”

Indeed, the Journal opines, “The ruling hands President Trump one of the biggest legal defeats of his presidency, and in the middle of an election year in which immigration is again a top political topic. The decision effectively provides relief to more than 600,000 DACA recipients, often referred to as Dreamers, who have been in limbo since Mr. Trump in 2017 decided to wind down the program.”

“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Justice Thomas wrote. Justice Brett Kavanaugh wrote a separate dissent, the Journal noted.

The court’s ruling doesn’t mean the White House can never cancel DACA, but it will have to come up with new supporting reasons if it tries again to end the program.

The president and his advisers maintained that DACA wasn’t lawful because Congress hadn’t authorized any such policy. The White House and Congress have been unable to reach agreement on how to tackle the issue, or immigration policy more broadly.

According to the Journal, the cancellation of the program was scheduled to begin in March 2018, but lower courts issued rulings that blocked the administration from ending DACA. Judges previously found that the administration offered little explanation or support for its decision, in violation of a federal administrative law that requires government agencies to explain their decision-making to the public and offer sound reasons for adopting a new policy.

Research contact: @WSJ

90% of Americans support DACA; most oppose border wall

January 19, 2018

Nearly 90% of Americans favor allowing young immigrants who entered the U.S. illegally as children to remain here—a federal policy established under President Barack Obama and known as the Deferred Action for Childhood Arrivals (DACA) program. This is a view that spans partisan lines, based on results of a survey of 1,225 adults nationwide released on January 18 by CBS News. .

However, the sticking point—one that may lead to a government shutdown as soon as tonight—is the demand of President Donald Trump for financing for the wall he campaigned on, which he believes would stop illegal immigration into the United States from Mexico and other Latin American nations.

Americans remain divided over which issue is worth risking a shutdown of the federal government, the CBS poll has found: Democrats support DACA; Republicans support a wall on the southern border:

  • Most Americans continue to oppose building a border wall, however, 70% of Republicans support it—and 51% of GOP supporters think it worth risking a government shutdown to get it.
  • More than half of Democrats (57%) say it’s worth shutting down the government to have young illegal immigrants stay in-country.

If the wall is ultimately built, 85% of Americans (including majorities across party lines) think that the United States would foot the bill; not Mexico. Most Democrats and Independents are bothered by the possibility of the United States. paying for the wall, but Republicans, two-thirds of whom favor the wall, are not.

On a related issue, CBS News reports, 75% of Americans find the remarks President Trump reportedly made about immigration from Haiti and African countries unacceptable for a President to make, but fewer, 52%, say they are personally bothered by them. Seventy-two percent of Republicans say they are not personally bothered.

Asked which criteria the U.S. should use to admit immigrants, slightly more Americans (47%) prefer that priority be given to people based on their education, job skills, and work experience than people with family members already living here (39%).

Research contact: @Fred Backus

Senator Bernie Sanders defends the ‘Dreamers’

January 10, 2018

Americans (yes, including Republicans!) are overwhelmingly—by an 81% to 15% margin—backing efforts to keep “Dreamers” in the United States, based on results of a Marist poll released last month.

And it’s not just the U.S. electorate: Senator Bernie Sanders (I-Vermont) showed his stripes on television last weekend.

The Dreamers continue to gain backing: The poll finds that citizenship for the Dreamers is the most popular option chosen by respondents in each of the three major parties:

  • Democrats at 92% (74% citizenship, 18% legal status, 5% deportation);
  • Independents at 82% (57% citizenship, 25% legal status, 14% deportation); and
  • Republicans at 67% (40% citizenship, 27% legal status; 29% deportation).

However, President Donald Trump still is refusing to relent on his intention to deport the roughly 800,000 unauthorized immigrants—most of them, Mexican by birth and between the ages of 15 and 30 —who are continuing their education in the United States.

That is, unless he gets the wall he believes will halt illegal entry into America from Latin America.

On December 29, Trump tweeted: “The Democrats have been told, and fully understand, that there can be no DACA [Deferred Action for Childhood Arrivals] without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration etc. We must protect our Country at all cost!”

During budget negotiations, Trump demanded $18 billion to construct more than 700 miles of barriers along the border with Mexico. In a planning meeting with aides at Camp David last weekend, the POTUS commented, ““The wall is going to happen or we’re not going to have DACA.”

 Senator Bernie Sanders fought back on behalf of the Dreamers. “I am not sure why President Trump wants to shut down the government over a multi-billion dollar wall that no one wants, is not needed and will not be paid for by Mexico. What the American people do want, in overwhelming numbers, is to provide legal protection to 800,000 Dreamers and a path toward citizenship for them.”

In a statement distributed by his office on January 7, Sanders has called on Congress “to immediately fix the crisis the president precipitated when he ended protections for Dreamers in September.”

Sanders told George Stephanopolous on ABC’s This Week, aired on the same date, “We are in a position where some 800,000 young people – young people who were raised in this country, young people who are in school, who are working in the U.S. military, now are living in extraordinary anxiety about whether or not they’re going to lose legal status and be subject to deportation. This is what the president precipitated. We have got to deal with that decision.”

Sanders called on Congress to pass the DREAM Act immediately and eventually to move to comprehensive immigration reform.

Research contact: Josh_Miller-Lewis@sanders.senate.gov