#Deferred Action for Childhood Arrivals (DACA)

[dontforgetoctober3rd]

Oral arguments for DACA (against? idk but arguments nonetheless) are finally set for October 7 of this year. 2024.

I don't see DACA being taken away under the Biden administration but still this might be a good thing that will allow new applicants again instead of just renewals (I got lucky and was brought here in '96 so I had been a applicant since the inception of the program)

I'm sooooo tired of dealing with this shit.

[justinspoliticalcorner]

Isabela Dias at Mother Jones:

Is the dream dead? And, if so, who killed it? On June 15, 2012, President Barack Obama stood in the Rose Garden of the White House to announce a massive change in immigration policy. For years, Congress had been unable to pass legislation to protect from deportation the so-called Dreamers, undocumented youth brought to the United States as children. In 2001, Sen. Dick Durbin (D-Ill.) and Sen. Orrin Hatch (R-Utah) first introduced a bill that would have granted them a path to citizenship. But, a decade later, the Dream Act had failed—again.

Obama declared that day he had taken matters into his own hands. His administration put forward an executive action to create a now-famous program: Deferred Action for Childhood Arrivals (DACA). “These are young people who study in our schools, they play in our neighborhoods, they’re friends with our kids, they pledge allegiance to our flag,” Obama, facing pressure over his administration’s harsh immigration enforcement practices, said. (He had begun to be called a moniker that would stick: “deporter in chief.”) “They are Americans in their heart, in their minds, in every single way but one: on paper.” As such, they shouldn’t be expelled from the country or have to live under the “shadow of deportation.”

DACA went on to become a landmark achievement of the Obama presidency—lauded for its seamless logistical implementation led by Homeland Security Secretary Alejandro Mayorkas, then head of US Citizenship and Immigration Services (USCIS), and the economic benefits of authorizing eligible beneficiaries to work. Crucially, it gave a lifeline to more than 800,000 young immigrants raised and educated in the United States. DACA was “a temporary stopgap measure,” Obama had said. But its success, for a time, allowed the program’s original sin to be played down. The expectation, Mayorkas told the New York Times recently, “was that DACA would be a bridge to legislation.” Politicians could assume that change, albeit delayed, would likely someday materialize. Over the past quarter of a century, the issue of Dreamers has enjoyed broad bipartisan support in Congress. It has been included in virtually every immigration negotiation. And the stories of promising undocumented young people have been common on front pages and magazine covers—inspiring a rare kind of solidarity that transcended political divisions. (There was even a Broadway musical.) This year, all of that seemingly changed. 

The common-sense vision for a permanent solution for Dreamers has gone from a no-brainer to an afterthought. It used to be the case that legislative pushes for stricter border enforcement measures would not even merit consideration unless they were tied to relief for Dreamers (to say nothing of the millions of other long-time undocumented people often also included in proposals). Legislation could fail to pass, as it repeatedly did. But that signaling of support—even if in sentiment alone—made clear where Dreamers stood. Now, that tacit pact has been broken, and with little ceremony. In an effort to appease cries of “open borders,” Democrats and President Biden endorsed a controversial bipartisan Senate border deal that would have brought about one of the harshest overhauls of the immigration system in decades. Biden lauded the bill as the “toughest” in history. He also lamented that it didn’t include a pathway to citizenship for Dreamers. Still, he urged Congress to advance it. The border deal never saw the light of day. But it begged the question: When did standing up for DACA stop being “the right thing to do“? (Or a political necessity for Democrats.)

Adding to the disregard for Dreamers is the potential end of their life raft. DACA is more at-risk than ever, relegated to die a slow death in the courts where its legality and very existence is being litigated. As Congress and the public relentlessly debate immigration policy with a laser focus on the border, the fate of Dreamers and other undocumented immigrants living in the country has become a footnote.  “Congress used to care about the ‘Dreamers,'” the Washington Post editorial board wrote in January. “What happened?”

[...] The threat of DACA’s imminent demise is real. While in office, in 2017, former President Donald Trump rescinded the program, which then-Attorney General Jeff Sessions dismissed as “unilateral executive amnesty.” The US Supreme Court blocked the termination in a 5-4 decision ruling it was “capricious and arbitrary,” but left the underlying question of the program’s legality open. If given the opportunity, Trump would likely try to end DACA again. The Heritage Foundation’s Project 2025 playbook for the next conservative administration refers to it as an unlawful program. Stephen Miller, former White House senior adviser to Trump, previously called DACA “an erasure of immigration law” and his dark money-backed “lawfare” group opposed efforts to shield the initiative. “We already know what a Trump administration would do because we have had this experience,” Cecilia Muñoz, who served as director of the Domestic Policy Council under Obama and helped establish DACA, says. “You can expect DACA to shrink or disappear entirely.”

But these threats also elide the way the program is already quietly dying by a thousand cuts. A backlog of cases and months-long delays in processing applications means recipients risk losing their jobs. And short of an expansion, DACA as it currently exists will become obsolete. In order to qualify, applicants must have come to the United States before the age of 16 and have lived in the country since 2007. These requirements put the program out of reach for an entire new generation of Dreamers. “I have seen fewer and fewer DACA recipients in my classes,” Patler says. “My undergraduate students are now almost exclusively too young to have benefited from DACA, so they are facing the same barriers to pursuing higher education that undocumented students faced in the early 2000s.”  Even those who are eligible can still be excluded because of a court order blocking first-time applications. Judith Ortiz, 21, and her twin sister first applied for DACA in December 2020. A federal court ruling had just mandated that the Trump administration restore the program. Because the sisters, who came to the United States from Mexico at the age of two, share the same last name and birthday, their lawyer advised them to apply on different dates to avoid any confusion with the processing of their paperwork. Judith’s application was filed on December 23, 2020, one day after her twin sister. That one day would mean the difference between having legal status, however fraught, and remaining undocumented. 

In 2021, Judge Andrew Hanen of the District Court for the Southern District of Texas determined in a case brought by Republican attorney generals that DACA was unlawful because the Obama administration had failed to follow the formal rulemaking process. Hanen blocked new DACA applications from being considered. (He continued to allow renewals while the Biden administration revisited the program’s regulation.) The conservative Fifth Circuit upheld Hanen’s decision following an appeal by the Biden administration and sent it back to the district court judge, who ruled against the government’s attempt to strengthen and protect DACA. “While sympathetic to the predicament of DACA recipients and their families,” Hanen wrote in 2023, “this Court has expressed its concerns about the legality of the program for some time.” The case is now pending before the Fifth Circuit once more and could ultimately make its way to the Supreme Court.  When it comes to the courts, Muñoz sees a “worrisome corollary” in another Obama-era program, the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Built on the same legal premise as DACA, that initiative would have offered temporary relief from deportation to undocumented parents of US citizens and permanent residents. In 2016, an equally divided Supreme Court affirmed a lower court’s ruling in the United States v. Texas case, which challenged DAPA and an expansion of DACA, and prevented the program from being implemented. 

Mother Jones has an informative article on the slow-motion death of both DACA and DAPA.

[follow-up-news]

A federal judge on Wednesday declared illegal a revised version of a federal policy that prevents the deportation of hundreds of thousands of immigrants brought to the U.S. as children. U.S. District Judge Andrew Hanen agreed with Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The judge’s ruling was ultimately expected to be appealed to the U.S. Supreme Court, sending the program’s fate before the high court for a third time. Hanen barred the government from approving any new applications, but left the program intact for existing recipients during the expected appeals process. Hanen said his order does not require the federal government to take any actions against DACA recipients.

[news-buzz]

Appellate Court Allows Biden to Open Obamacare to DACA Illegal Aliens

President Joe Biden’s administration can open the Affordable Care Act, also known as Obamacare, to illegal aliens enrolled in the Deferred Action for Childhood Arrivals (DACA) program, a federal appeals court ruled this week. In May, Biden and Vice President Kamala Harris announced a final rule to open Obamacare rolls to some DACA illegal aliens enrolled in the program. Former President Barack…

[beemovieerotica]

struggling with how to word this, but putting it out there anyway:

i can fully understand the posts on here from a lot of americans being tired of "vote blue no matter who" posts when the #1 thing that people are constantly (and sometimes only?) addressing is how the republican party is going treat trans/queer people if elected.

it's part of an unfortunate pattern of prioritizing the effects on a demographic that includes white + upper class people, when people of color and those in the global south are actively and currently being killed or relegated to circumstances in which their survival is very unlikely

it is genuinely exhausting to witness this, and i was also on the fence about even participating in voting because i a) felt like it didn't matter and b) every time i voiced being frustrated with the current state of the country, white queer people would immediately step in with "but what about trans people!" -> (i am mixed race trans man)

and i say this with unending patience toward people who do this, because i know that it's not something they actively think about. but everyone already knows how the republican party is going to treat queer people. you are probably talking to another queer person when you bring up project 2025. the issue is that, for those of us who aren't white, or for those of us who are but who are conscious of ongoing struggles for people of color worldwide, the safety of people around the world feels more urgent than our own. that is the calculation that's being made.

you're not going to win votes for the democratic party by dismissing or minimizing these realities and by continually centering (white) queer people.

very few people on here and twitter are actually talking about issues beyond queer rights that concern people of color, or how the two administrations differ on these issues instead of constantly circling back to single-issue politics. this isn't an exhaustive list. but these are the issues that have actually altered my perspective and motivated me to the point of committing to casting a vote

the biden administration has been engaged in a years-long fight to allow new applicants to DACA (Deferred Action for Childhood Arrivals, the program that allows undocumented individuals who arrived as children to remain in the country) after the Trump administration attempted to terminate it. the program is in limbo currently because of the actions of Trump-backed judges, with those who applied before the ruling being allowed to stay, but no new applications are being processed. Trump has repeatedly toyed with the idea of just deporting the 1.8 million people, but he continues to change his mind depending on whatever the fuck goes on in his head. he cannot be relied on to be sympathetic toward people of hispanic descent or to guarantee that DREAMers will be allowed stay in the country. biden + a democratic controlled congress will allow legal challenges to the DACA moratorium to gain ground.

the biden administration is open to returning and protecting portions of culturally important indigenous land in a way that the trump administration absolutely does not give a fuck. as of may 2024, they have established seven national monuments with plans to expand the San Gabriel Monument where the Gabrielino, Kizh / Tongva, the Chumash, Kitanemuk, Serrano, and Tataviam reside. the Berryessa Snow Mountain is also on the list, as a sacred region to the Patwin.

i'm recognizing that the US's plans for clean energy have often come into conflict with tribal sovereignty, and the biden administration could absolutely do better in navigating this. but the unfortunate dichotomy is that there would be zero commitment or investment in clean energy under a trump-led government, which poses an astounding existential threat and destabilizing force to the global south beyond any human-to-human conflict. climate change has caused and will continue to cause resource shortages, greater natural disasters, and near-lethal living conditions for those in the tropics - and the actions of the highest energy consumers (US) are to blame. biden has funneled billions of dollars into climate change mitigation and clean energy generation - trump does not believe that any of it matters.

i may circle back to this and add more as it comes up, but i'm hoping that those who are skeptical / discouraged / tired of the white queer-centric discourse on tumblr and twitter can at least process some of this. please feel free to add more articles + points but i'm asking for the sake of this post to please focus on issues that affect people of color.

[nationallawreview]

The Administration Creates New Pathways for DACA Recipients to Obtain Legal Status

Among the multiple executive actions the White House announced on June 18, 2024, was one stating it was taking steps to facilitate the process for certain Deferred Action for Childhood Arrivals (DACA) recipients to obtain work visas/status. DACA was created in 2012 by President Barack Obama as a means for immigrant youth who met certain eligibility requirements to qualify for work authorizations…

[usavotey]

Biden's plan for legalizing families of US citizens

President Joe Biden, who has recently adopted stricter immigration policies, is set to announce a significant new effort to legalize undocumented immigrants. This new policy could be the biggest move in over a decade aimed at helping undocumented immigrants gain legal status. Under this new program, undocumented spouses and stepchildren of U.S. citizens can apply for permanent residence and get a…

[mel-rhodes-place]

GERMAN POLITICS TURNS VIOLENT

Franziska Giffey, a prominent Berlin politician, was violently assaulted and suffered injuries to her head and neck. (https://apnews.com/article/germany-election-violence-eu-4d09d90a6cc380aacf62ca4a69af1a64) Latest attack on a German politician stokes concern ahead of elections German politics is getting violent. This week, Berlin’s top economic official was attacked, sustaining head and neck…

[batboyblog]

Things Biden and the Democrats did, this week #16

April 26-May 3 2024

President Biden announced $3 billion to help replace lead pipes in the drinking water system. Millions of Americans get their drinking water through lead pipes, which are toxic, no level of lead exposure is safe. This problem disproportionately affects people of color and low income communities. This first investment of a planned $15 billion will replace 1.7 million lead pipe lines. The Biden Administration plans to replace all lead pipes in the country by the end of the decade.

President Biden canceled the student debt of 317,000 former students of a fraudulent for-profit college system. The Art Institutes was a for-profit system of dozens of schools offering degrees in video-game design and other arts. After years of legal troubles around misleading students and falsifying data the last AI schools closed abruptly without warning in September last year. This adds to the $29 billion in debt for 1.7 borrowers who wee mislead and defrauded by their schools which the Biden Administration has done, and a total debt relief for 4.6 million borrowers so far under Biden.

President Biden expanded two California national monuments protecting thousands of acres of land. The two national monuments are the San Gabriel Mountains National Monument and the Berryessa Snow Mountain National Monument, which are being expanded by 120,000 acres. The new protections cover lands of cultural and religious importance to a number of California based native communities. This expansion was first proposed by then Senator Kamala Harris in 2018 as part of a wide ranging plan to expand and protect public land in California. This expansion is part of the Administration's goals to protect, conserve, and restore at least 30 percent of U.S. lands and waters by 2030.

The Department of Transportation announced new rules that will require car manufacturers to install automatic braking systems in new cars. Starting in 2029 all new cars will be required to have systems to detect pedestrians and automatically apply the breaks in an emergency. The National Highway Traffic Safety Administration projects this new rule will save 360 lives every year and prevent at least 24,000 injuries annually.

The IRS announced plans to ramp up audits on the wealthiest Americans. The IRS plans on increasing its audit rate on taxpayers who make over $10 million a year. After decades of Republicans in Congress cutting IRS funding to protect wealthy tax cheats the Biden Administration passed $80 billion for tougher enforcement on the wealthy. The IRS has been able to collect just in one year $500 Million in undisputed but unpaid back taxes from wealthy households, and shows a rise of $31 billion from audits in the 2023 tax year. The IRS also announced its free direct file pilot program was a smashing success. The program allowed tax payers across 12 states to file directly for free with the IRS over the internet. The IRS announced that 140,000 tax payers were able to use it over their target of 100,000, they estimated it saved $5.6 million in tax prep fees, over 90% of users were happy with the webpage and reported it quicker and easier than companies like H&R Block. the IRS plans to bring direct file nationwide next year.

The Department of Interior announced plans for new off shore wind power. The two new sites, off the coast of Oregon and in the Gulf of Maine, would together generate 18 gigawatts of totally clean energy, enough to power 6 million homes.

The Biden Administration announced new rules to finally allow DACA recipients to be covered by Obamacare. Deferred Action for Childhood Arrivals (DACA) is an Obama era policy that allows people brought to the United States as children without legal status to remain and to legally work. However for years DACA recipients have not been able to get health coverage through the Obamacare Health Care Marketplace. This rule change will bring health coverage to at least 100,000 uninsured people.

The Department of Health and Human Services finalized rules that require LGBTQ+ and Intersex minors in the foster care system be placed in supportive and affirming homes.

The Senate confirmed Georgia Alexakis to a life time federal judgeship in Illinois. This brings the total number of federal judges appointed by President Biden to 194. For the first time in history the majority of a President's nominees to the federal bench have not been white men.

[wausaupilot]

'Route 51' to cover DACA recipients as police officers

Tune in at 10 a.m. July 14.

WAUSAU – Lawmakers in Wisconsin are trying for the second time to pass legislation that would allow residents enrolled in the Deferred Action for Childhood Arrivals program to become law enforcement officers in the state, a bipartisan proposal that is seeing significant support from police. At 10 a.m. July 14, “Route 51” host Shereen Siewert welcomes Wisconsin Sen. Jesse James, R-Altoona, to…

[dontforgetoctober3rd]

Opening arguments in the DACA supreme court case are less than 30 days away....

[minnesotafollower]

Congress Fails To Adopt Important Immigration Legislation

Congress Fails To Adopt Important Immigration Legislation

Previous posts documented Congress’ earlier failure this Session to adopt (a) the Afghan Adjustment Act to improve the legal status of Afghan evacuees in the U.S. and (b) important bipartisan immigration reform, one of which was offered by Senators Kyrsten Sinema (ex-Democrat & now Independent) and Thom Tillis (Rep., NC) that would have addressed the legal fate of so-called Dreamers and provided…

[mariacallous]

As Election Day approaches, many city leaders across the United States are wondering what a second presidential term for Donald Trump might mean for their residents and communities. Over the past several months, they have watched as Trump described Milwaukee as “horrible,” New York as a “city in decline,” and Philadelphia as “ravaged by bloodshed and crime.” Trump recently warned (at the Detroit Economic Club, of all places) that “the whole country will be like Detroit” if Vice President Kamala Harris wins the election, and that “you’re going to have a mess on your hands.” City leaders recall conflicts with the previous Trump administration over issues such as administering the decennial census, ensuring public safety, and providing adequate funding. 

Immigration policy, however, should top their concerns. Candidate Trump signaled numerous ways in which he and his cabinet would seek to reduce the presence and impact of immigrants of nearly all kinds in American life. Recent Brookings analysis quantified the potential national economic impact of this agenda. And as the analysis below shows, these proposed policies would be especially harmful to cities, which have long relied upon immigration for critical demographic, economic, and cultural fuel. 

The GOP wants fewer immigrants—of almost all kinds—in the United States 

While Trump and running mate JD Vance’s recent spotlight on Haitian immigrants in Springfield, Ohio grabbed headlines, the GOP’s agenda on immigration reaches much more broadly. Based on Trump’s speeches, statements from campaign officials, and Project 2025’s “Mandate for Leadership,” this agenda includes: 

Rounding up, detaining, and deporting an estimated 11 million unauthorized migrants 

Further restricting the entry of refugees and asylum seekers 

Repealing the diversity immigrant visa, which offers pathways to permanent U.S. residency for migrants from countries with historically low numbers of immigrants 

Limiting family-based admissions of immigrants (to nuclear family members only) 

Scaling back the use of H-1B (high-skilled immigrant) and H-2B (seasonal immigrant worker) visas 

Repealing temporary protected status (TPS) for immigrants fleeing unsafe situations in their home countries (including 450,000 recent arrivals from Venezuela) 

Ending Deferred Action for Childhood Arrival (DACA) protections for minor children whose parents brought them to the U.S. illegally 

Reinstituting the “Muslim ban,” effectively barring the entry of individuals from a range of Muslim-majority countries 

Such policies would reflect Trump’s warning that immigrants are “poisoning the blood” of America, and fulfill promises from policy adviser Stephen Miller that a second Trump presidency “will unleash the vast arsenal of federal powers to implement the most spectacular migration crackdown.” As was true in the previous Trump administration, many (if not all) of these policies would face legal challenges, funding challenges, or both. But such a multipronged policy assault on immigration—likely coupled with continued anti-immigration rhetoric—would undoubtedly have both direct and indirect effects on immigrants’ presence and contributions to America’s economy and society. 

[macmanx]

Thanks to a grant from the state’s department of social services, California community college students can renew their Deferred Action for Childhood Arrivals (DACA) permits for free. The Higher Education Immigration Legal Services Project also provides free legal counsel.