DACA case ‘burden’ of uncertainty for VCU Dreamer

Grant Boone
November 13, 2019

The court is deciding on whether the Trump administration improperly sought to shut down DACA by labeling it illegal without offering any analysis on how it would affect immigrants.

A second argument, he says, focuses on the due process clause of the Fifth Amendment.

Like them, hundreds of thousands of others "have been in the country for at least 12 years, become part of the fabric of our communities or institutions", said Omar Jadwat of the American Civil Liberties Union. "I think it's hard to not think about it". Or, as Sotomayor put it, his attempt "to destroy your lives".

Alvarez spent Tuesday on the steps of the U.S. Supreme Court showing her opposition to President Donald Trump's decision to end DACA, Deferred Action for Childhood Arrivals. He has been warring with Democratic presidential candidates over starkly different views about immigrants, here legally and illegally, and what they contribute to the country.

Trump on Tuesday took to Twitter to attack "many" DACA recipients as "tough, hardened criminals", without offering evidence, and again dangled the possibility of a deal with congressional Democrats to allow people protected under the program to remain in the United States.

While Trump has expressed a willingness to work out a deal to let the dreamers remain in the US, he has rejected all efforts at compromise, saying he did not want immigrants from "s--hole countries".

Former President Barack Obama introduced DACA in 2012 as part of an executive action, arguing that recipients had little connection to their birth countries. The initiative allowed anyone under 30 to apply for renewable permits that allowed them to work and study here if they had not committed a crime, had been younger than 16 when were brought to the country, and met other requirements.

Presidents have undone each other's executive actions before.

Napolitano and the UC Board of Regents filed one of the first lawsuits against the Trump administration after it announced in 2017 that it would rescind the DACA program.

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After lower courts stepped in to keep the program alive, the administration produced a new explanation memo from Homeland Security Secretary Kirstjen Nielsen.

Instead of owning this decision, Trump had what he thought was a far easier path forward: His administration could simply reach for the GOP argument that if Obama did it, then it was surely unlawful, and this wouldn't even have to be explained at serious length.

"DACA was always meant to be a temporary stop-gap measure that could be rescinded at any time", he said. "Right now, I live on my own with my younger brother, so if they were to eliminate the DACA program permanently I wouldn't be able to help my brother pay for the house".

Chief Justice John Roberts - who was appointed by Republican President George W Bush - is expected to be the pivotal vote in the case. But under the same principles, the decision to rescind DACA should likewise be entirely within the administration's discretion. The president of the California Teachers' Association, E. Toby Boyd, said in a statement that ending DACA would hurt both students and teachers in the state. Some marched on foot from NY as part of the "Home is Here" immigrant rights campaign. "We need fighters with us", Eunis, another MSU DACA recipient, said.

"A lot of us are very nervous and that's why many of us, hundreds of us, are here right now".

"No hate, no fear, immigrants are welcome here", the crowd chanted.

Camilla Bortolleto, 31, and Karina Ruiz, 35, said before they headed into hear the arguments that they were deeply moved by volunteers who camped overnight to save seats inside the courtroom for DACA recipients like them.

What I found especially entertaining, though, was what happens when we connect Trump's second sentence with his fourth: the president seemed to argue this morning that some Dreamers are unsafe criminals, whom he'll allow to remain in the United States if Democrats agree to give him what he wants.

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