A federal appeals court has upheld an earlier ruling preventing President Trump from ending Deferred Action for Childhood Arrivals (DACA) program implemented by President Obama. DACA protects young undocumented immigrants born in the United States from being deported. The ruling by the 9th Circuit Court of Appeals means the DACA program can stay in place for now. The Trump administration has already asked the Supreme Court to review the injunction, according to CNN.
You can read the 9th Circuit’s ruling here.
President Trump’s statement that he can take away the citizenship birthrights guaranteed in the 14th Amendment with an executive order are simply stirring up fear, according to his wife’s immigration attorney. Michael Wildes talked to CNN‘s Jake Tapper about Trump’s threats to deny citizenship to people born in the US.
The 14th Amendment states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Municipalities in California are being pitted against one another after a state law went into effect earlier this year limiting how much local law enforcement can cooperate with ICE agents. SB54, or the California Values Act, makes the entire state a sanctuary, but while some cities are embracing the law, others are openly defying it. NPR reports:
“This is an issue that I take very personally because I am the youngest child of a single immigrant mother with a third-grade education,” says state Sen. Kevin de León, who wrote the law. “I wanted to make sure that our local police officers, our sheriffs, were not a cog in the Trump deportation machine, separating innocent mothers from their children and children from their fathers.”
NPR has more on the contentious California battle over immigrant rights.
Despite a court order instructing the Trump administration to reunite migrant families who were forcibly separated at the US-Mexico border, The New York Times reports that the number of children still in custody has reached a record high level. The Times reports that there are currently 12,800 migrant children in federally-contracted shelters this month, five times as many since last summer, when 2,400 children were being held. Most of the children did not have their parents with them when they crossed the border. The information was shared with members of Congress, who in turn shared it with the Times.
Many of the migrants trying to enter the United States at the Mexico border are seeking asylum, or protection from persecution. These asylum seekers may not know much about how the process works or what kinds of protection it offers. They may also not know how to apply for asylum or whether they qualify. The American Immigration Council has created a document to answer those questions that’s available for downloading.
Court battles over the Deferred Action for Childhood Arrivals (DACA) have left the program in limbo. On Friday, a federal judge in DC ruled against the Trump administration’s efforts to end the immigration program. Now, a federal judge in Texas is holding hearings on a case that would shut down the DACA program. Vox reports that the Texas judge is an immigration hawk likely to rule in favor of ending DACA. That ruling could leave DACA under mutually contradictory orders from two federal judges. Vox explains the legal limbo that could end with the Texas judge’s ruling.
Attorney General Jeff Sessions announced that he is taking away a vital lifeline to immigrant victims of severe domestic and gang violence. Sessions issued a decision unilaterally overruling important precedent recognizing that such individuals may qualify for asylum in the United States.
Critics say Sessions’ decision to end asylum for most victims of domestic abuse and gang violence takes US “back to the Dark Ages,” according to The Washington Post. The American Immigration Council has also criticized the decision.
The following is a statement from Beth Werlin, Executive Director of the American Immigration Council. “From its earliest days, the United States has opened its doors to individuals fleeing oppression and persecution. Today’s decision by the Attorney General is yet another attempt to close our doors. Through our work serving detained mothers and children in Dilley, Texas, we see firsthand the trauma of domestic and gang violence and the desperate need for protection. The Attorney General’s decision—if permitted to stand—will no doubt result in sending countless mothers and children back to their abusers and criminal gangs. Turning our backs on victims of violence and deporting them to grave danger should not be the legacy sought by any administration.”
Sessions’ decision on asylum follows another controversial action that allows the separation of immigrant parents from their children.
Leila Fajardo-Giles was scheduled to receive her law degree from Suffolk University Law School this week, but she’s already chosen the path she’ll be focusing on in her new legal career: immigration. Fajardo-Giles is a dreamer, one of the hundreds of thousands of young people whose future remains cloudy because of the ongoing legal and political battles regarding the Deferred Action for Childhood Arrivals (DACA) program created by the Obama administration that is under siege from his successor. During her last year at Suffolk, Fajardo-Giles got some valuable experience working for the university’s immigration clinic, and helped a teenager gain asylum status. Read more about her ambitious plans at The Boston Globe.
The Justice Department is imposing quotas on how quickly immigration judges can close cases in an effort to speed up the process, raising serious questions about the independence of the judicial branch of law. The ABA Journal, The Washington Post and the Wall Street Journal report that the Justice Department is taking the action to help relieve a backlog of immigration cases. According to The Washington Post:
The judges will be expected to clear at least 700 cases a year to receive a “satisfactory” performance rating, a standard that their union called an “unprecedented” step that risks undermining judicial independence and opens the courts to potential challenges.
The new measures will take effect October 1, at the start of the new fiscal year. The quotas were announced by the Executive Office of Immigration Review.