The return of the DACA fight in Congress, explained

05/24/2018 Vox

dacaCongress looks like it’s about to get into another contentious, high-stakes, nearly impossible-to-resolve fight over young unauthorized immigrants brought to the US as children, known as DREAMers.

More and more members of Congress are signing on to a discharge petition, which would force votes on several legislative fixes for the Deferred Action for Childhood Arrivals (DACA) program in the House. The Trump administration decided to fully sunset DACA in March, though the fate of the program has been held up by court rulings.

Rep. Jeff Denham (R-CA) says he has enough support to force floor votes on immigration, but he continues to negotiate behind closed doors with leadership to find a compromise bill.

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1st appeals court to weigh Trump’s decision to end DACA via @washingtonpost

05/15/2018 The Washington Post

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SAN FRANCISCO — The Trump administration will try to convince a U.S. appeals court Tuesday that it was justified in ending an Obama-era immigration policy that shielded hundreds of thousands of young immigrants from deportation.

The 9th U.S. Circuit Court of Appeals will be the first federal appeals court to hear arguments about President Donald Trump’s decision to phase out the Deferred Action for Childhood Arrivals program.

DACA has protected some 700,000 people who were brought to the U.S. illegally as children or came with families that overstayed visas.

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Texas suit could speed DACA’s path to Supreme Court

05/10/2018 The Washington Post

dreamersThree judges have ordered the Trump administration to continue a program that has shielded hundreds of thousands of young immigrants from deportation. Now, a lawsuit filed last week in Texas seeks to shut down the Deferred Action for Childhood Arrivals program and may create a legal clash that could speed the issue’s path to the Supreme Court.

President Donald Trump’s decision in September to phase out the Obama-era program, called DACA, resulted in protests and a failed congressional effort to salvage it. Experts say it’s a matter of when, not if, the Supreme Court will rule on the program. It could be the second opportunity for the high court to weigh in on a high-profile decision of the president’s, with a ruling on Trump’s travel ban expected before the end of June.

Josh Blackman, a professor at South Texas College of Law Houston, said the Texas lawsuit filed May 1 tees up “a fast pass to the Supreme Court.”

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‘Dreamers’ ask to defend DACA program against Texas legal assault

05/09/2018 Reuters

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NEW YORK (Reuters) – A group of young immigrants asked a U.S. federal court on Tuesday for permission to have a judge consider their interests in a lawsuit filed last week by Texas and six other states to force an end to the program that protects some immigrants who arrived illegally as children from deportation.

The 22 immigrants, all of whom were granted protection under the Deferred Action for Childhood Arrivals program (DACA), said in the court filing that they were not represented in the lawsuit, since both the plaintiffs, the seven states, and the defendant, the federal government, want to end the program.

They filed a motion to intervene in the case, which if granted means the judge will have to weigh their concerns.

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Seven States, Led by Texas, Sue to End DACA Program

05/02/2018 The New York Times

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Opening another front in the battle over immigration policy, Texas and six other states sued the federal government on Tuesday in an attempt to end the Deferred Action for Childhood Arrivals program.

The lawsuit — joined by Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia — asserts that the Obama administration overstepped its authority when it created the DACA program, which allows individuals who were brought to the United States illegally as children to remain in the country, without congressional approval.

“The executive unilaterally conferred lawful presence and work authorization on otherwise unlawfully present aliens, and then the executive used that lawful-presence ‘dispensation’ to unilaterally confer United States citizenship,” the lawsuit says.

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Judge Permits Government to Appeal DACA Lawsuit

04/30/2018 The New York Times

dreamersA federal judge in Brooklyn gave permission to the government on Monday to appeal his recent decision that allowed two lawsuits seeking to preserve a program that shields some undocumented young adults from deportation to cite President Trump’s “racially charged language” against Latinos.

The decision by the judge, Nicholas G. Garaufis, presents an opportunity for the United States Court of Appeals for the Second Circuit to weigh in on a central legal question in the case that has divided federal courts in the past several months: Can controversial statements that Mr. Trump made on the campaign trail be used in litigation against his actions as president?

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DACA ruling further complicates complex legal path forward

04/25/2018 CNN

daca.jpgDACA may have won a court victory Tuesday night, but the decision only makes the legal path forward murkier.

The complexity only adds to the likelihood DACA will remain intact for many months if not longer, despite President Donald Trump’s initial plan to begin its termination in early March.

A federal judge in Washington became the third judge to say the Trump administration has failed to adequately justify its decision to end the Deferred Action for Childhood Arrivals program, which protects young undocumented immigrants who came to the US as children. Judge John Bates, however, went further than judges who have preliminary put the end of the program on hold and ordered the administration to renew DACA permits, by ordering the administration to begin accepting new applicants unless it can issue a new memo justifying its decision that satisfies him within 90 days, at which point the ruling will take effect.

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