Battle for Power: Trump Vs Supreme Court
by Jose Enrique Perez
As you may be aware, the Supreme Court of the United States in June 2020 ruled that DACA (the Deferred Action for Childhood Arrivals) was valid and that Trump could not end it the way he did, arbitrarily and capriciously. As DACA is very popular in the United States (more than 80% of Americans support a path to legalization for the DACA recipients), Trump said he was going to treat them well. In fact, in an interview with Telemundo he told news anchor Diaz Balart that he was going to give DACA recipients a path to citizenship. Another lie!
The Trump administration just a few days ago (July 28, 2020) issued a memorandum laying out its plans for the future of DACA. Trump will begin to wind down the legal protections for hundreds of thousands of DACA recipients while it conducts a review of the program. The memo includes significant changes: reducing grants of work permits from two years to one-year, outright rejecting new DACA applications, advance parole requests will be approved only in exceptional circumstances, and beginning a process that will likely lead to the rescission of DACA.
Outright Denial of New Applicants. The Supreme Court said yes, you can make new applications as the program is reverted to before it was ended. Trump says no and implies of course that he does not care what the Judicial Branch orders. By denying more than 300,000 young people the ability to apply for DACA, Trump is circumventing the Supreme Court’s order allowing new applications to proceed and continuing to threaten these young people and their families. Under the Supreme Court precedent, Trump should have immediately processed all new DACA applications but they were silently rejecting them.
Instead of honoring his promise (or lie) and start working with Congress to create a permanent solution for the thousands of Dreamers across the United States, who want nothing more than to be able to build their lives and provide for their families without the constant threat of deportation, Trump is just showing his racist and anti-immigrant card again.
He is seeking to rescind DACA in two blows/steps. Their first step is his Attorney General William Barr’s memo that rescinds DACA, thereby blocking some 300,000 young immigrants who are eligible for DACA from enjoying the extraordinary opportunities that DACA affords. His second step is to give a shortened extension of one year to those currently with DACA in hopes of ending the program once and for all if and when Trump gets reelected. We must make sure this does not happen!
But we can certainly push for changes. It is long overdue that this country formally recognizes Dreamers as the Americans they already are. HR 6, the Dream and Promise Act approved on a bipartisan basis in the House of Representatives in 2019, is the permanent solution that is needed. If, as expected, Republicans in the Senate who are the majority now continue to block it, then the least the Senate can do is enact the automatic renewals of work permits for DACA recipients and TPS holders that the House included in the HEROES Act. What it is clear: It is time for decisive, compassionate action by our elected official to pass these Acts.
You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about immigration policies. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with representation in an immigration case. Each case is fact-specific and therefore similar cases may have different outcomes.
I represent individuals in immigration. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at firstname.lastname@example.org. The Law Office of Jose Perez has now moved and is located at 659 West Onondaga Street, Upper Level, Syracuse, New York 13204. Now with offices in Buffalo and Rochester!!! Please look for my next article in the September edition and stay safe, healthy and away from the Coronavirus.