DACA Victory: Fairness, Checks And Balances Shine

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It was another blockbuster Supreme Court ruling, in a week that has not been good for the legal arguments put forth by the Donald Trump Administration. The majority of the nation is applauding the outcome of the Deferred Action for Childhood Arrivals Program (DACA) ruling, based on past polling which shows overwhelming support for these men and women.

The Court ruled the Trump administration may not immediately proceed with its plan to end a program protecting about 650,000 young immigrants known as Dreamers from deportation.  With those words from the reporter on CNN it was clear, once again, the nation’s checks and balances won a victory over the chaos created from this White House.  It was also clear that fairness had been applied to an issue that impacts many educated, skilled, and talented people living in our nation.

The Court ruled 5-4, with Chief Justice John Roberts writing the majority opinion, that Trump did not provide adequate justifications for removal of DACA, and rejected administration arguments that the 8-year-old program, is illegal

“We do not decide whether DACA or its rescission are sound policies,” the chief justice wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

The Court used the lack of a proper process of dealing with DACA by the Trump Administration as the basis for their ruling.  It is most ironic, since Trump’s only argument used to before the court was that President Obama did not have the authority to create DACA.

Trump has been harsh and bombastic towards the Dreamers, young people brought to the United States as children by their undocumented parents. He campaigned in 2016 with xenophobic fervor that once elected he would “immediately terminate” his predecessor’s executive order.  President Obama created DACA so these people, if they do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country.   It only makes common sense, and is a moral and ethical policy, not to discard or deport Dreamers.  To do so would run counter to every sensible and good-hearted ideal that Americans hold dear. 

What other groups of children are punished for the actions of their parents? We don’t jail the children of convicted felons, so why are the children of undocumented immigrants being punished? They had no choice when their parents brought them here. Minors under the age of 18 are banned from applying for citizenship without parental consent. Most of these people haven’t been back to the countries they were taken from, they don’t speak the language and know nothing of whatever relatives they may have there. Deporting these people would be like taking children from my very neighborhood and deporting them. These kids are in the US through no fault of their own. It is barbaric to punish the children for the actions of their parents.

It is unconscionable to have held Dreamers hostage to Republican power plays.  Many of these Dreamers are more schooled and have higher skill sets than the ones undermining them within the White House. This nation needs to secure the future of these young minds, allow them to become a legal part of our national fabric, and end the shameful antics of those who harbor bigotry. These DACA recipients are Americans in every sense of the word except for birthright.

I am an optimist, even during the past years when it has been hard to see light at the end of this period. But today I am joyous over this ruling and with it can truly write the words I firmly believe.

Dreamers, who have worked hard, paid taxes, and have given to this nation like the rest of us will be provided a path to citizenship with our next president, Joe Biden.  Finally, these individuals will be treated with the full respect they deserve.

Shortly after the ruling was handed down Trump took to Twitter and made the matter all about himself.  “Do you get the impression that the Supreme Court doesn’t like me?,”

Northing surprising with such a tweet, as he has always been self-centered.  But with hundreds of thousands of lives impacted by this ruling Trump’s words are even more narcissistic and egotistical than his usual manner.  They lack any ability to reason or empathize with the Dreamers.

Finally, I want to state how we all need to be thankful to James Madison, who in large part, helped create the checks and balances that played such an important role in the headline we are now strongly approving.  No president can accumulate power and fortify the Executive against the will of the people.  The separation of powers by co-equal branches of government allows for attempts at tyranny to be checked.

In many ways, the checks and balances which have been exercised since January 2017 have protected our nation.  Not with every issue, or to the degree that reasoned men and women would desire.  Reading history has proved that many dark nights confronted the nation and we still found the resolve to write another chapter as a people.

President Lincoln argued at the start of the Civil War that one reason it needed to be fought was to show to the world that our democratic experiment could not be so easily undone.  If democratic principles could not find success here, then where?  Those who would so carelessly undo the fabric of the nation had to be defeated.  And they were.

And so it is today.  When illiberal democracy presents itself with the populist themes used by this current occupant of the White House there is only one way to deal with it, and that is it must not be allowed to continue.

The Supreme Court made that clear today.

Federal Judge Spikes Trump’s Hatred For Dreamers

A federal judge for the District of Columbia on Tuesday ordered the Trump administration to not only continue processing existing applicants to the Deferred Action for Childhood Arrivals program, but also to resume accepting new applications.   

This is but one more example of how the checks and balances of the United States government are stopping Donald Trump.  Rules and laws, can and will, stymie this administration and put brakes on the Trump voters insanity at the ballot box.

U.S. District Judge John Bates was withering in his 60-page ruling, calling the administration’s attempts to end the program, known as DACA, “arbitrary,” “capricious,” “virtually unexplained” and “unlawful.”

Bates gave the Department of Homeland Security 90 days to offer better arguments for scrapping the program.

Having concluded that DACA’s rescission violated the APA, the question of remedy remains. As an initial matter, the Court will reject the government’s invitation to confine its grant of relief strictly to the plaintiffs in this action. See Defs.’ Reply at 44–45. As plaintiffs point out, the D.C. Circuit has previously rejected an agency’s suggestion that “the named plaintiffs alone should be protected by [an] injunction,” explaining that “[w]hen a reviewing court determines that agency regulations are unlawful, the ordinary result is that the rules are vacated—not that their application to the individual petitioners is proscribed.” Harmon v. Thornburgh, 878 F.2d 484, 495 n.21 (D.C. Cir. 1989). Moreover, as the Fifth Circuit noted in Texas, the immigration context counsels strongly in favor of nationwide relief: “the Constitution requires ‘an uniform Rule of Naturalization,’” 809 F.3d at 187 (quoting U.S. Const. art. I, § 8), “Congress has instructed that ‘the immigration laws of the United States should be enforced vigorously and uniformly,’” id. at 187–88 (quoting Immigration Reform and Control Act of 1986, Pub. L. No. 99–603, § 115(1), 100 Stat. 3359, 3384), “and the Supreme Court has described immigration policy as ‘a comprehensive and unified system,’” id. at 188 (quoting Arizona v. United States, 567 U.S. 387, 401 (2012)). Thus, the Court concludes that nationwide relief is appropriate here.

 

Supreme Court Snubs Nose At Trump White House Over Dreamers

There is a great smile over the face of America today as the  U.S. Supreme Court rejected a Trump administration appeal aimed at ending deportation protections for young undocumented immigrants.  The court took an easy exit for itself by steering clear –at least for now–over the debate concerning the fate of hundreds of thousands of people.

The justices, without published dissent, turned away the administration’s appeal of a ruling that has kept the Obama-era program in place.   This is the reason for the smile.  To make it most plain the Trump attempt to play with the lives of brown-skinned people for the sake of partisan gain with the racist foundation of the Trump voter base has been up-ended.

If the justices had stepped in, the Supreme Court could have decided the case by the end of June. Instead, rulings from two federal districts courts will prevent the government from winding down the program until the legal challenge is resolved.

Under a lower court order that remains in effect, the Department of Homeland Security must continue to accept applications to renew DACA status from the roughly 700,000 young people, known as Dreamers, who are currently enrolled. The administration’s deadline of March 5, when it intended to shut the program down, is now largely meaningless.

The rejection buys time for the Dreamers and places Congress even more into the seat to agree to legislation that makes these young men and women legal.  Men and women, it needs to be noted, which in many cases are more skilled and able to make far better incomes than the racist base which seeks to deny them a place in this nation.   

The administration was asking the Supreme Court to take the unusual step of bypassing an appeals court and granting fast-track review of a federal trial judge’s decision. The court’s rebuff leaves open the possibility that the justices could consider the case later, after a San Francisco-based federal appeals court hears it.

But the political calculus has changed this morning and again makes congress responsible to do the right thing.

Do Not Hold Dreamers Hostage To GOP Power Plays

Politico has a news story that simply can not be the result of current congressional negotiations concerning Dreamers.

“As lawmakers grasp for a solution for the young undocumented immigrants, one option is a temporary extension — perhaps one year — of their legal protections paired with a little bit of cash for border security… Some senators are already deriding a yearlong patch as ‘misguided,’ a ‘Plan Z’ and a proposal that would keep immigrants “in fear.” But lawmakers have only until March 5 to save the Deferred Action for Childhood Arrivals program under President Donald Trump’s deadline. And in a Congress that has routinely struggled to keep the lights on, at least some lawmakers say a temporary fix for Dreamers might be all but inevitable. Lawmakers return to Washington this week with another government shutdown looming after Feb. 8 and a deal on Dreamers still far out of reach — a reality that could make a DACA stopgap increasingly appealing.”

It is unconscionable to hold Dreamers hostage to Republican power plays.   Many of these Dreamers are more schooled and have higher skill sets than the ones with congressional power.  This nation needs to secure the future of these young minds, allow them to become a legal part of our national fabric, and end the shameful antics of those who harbor bigotry on Capitol Hill.

The moral high ground is to act with humanity.