DACA+/DAPA programs remain blocked
On June 23, 2016, the U.S. Supreme Court decided on DACA+/DAPA by a vote of 4 to 4 with a simple statement: “The judgment is affirmed by an equally divided court.” This means that the decision of the Brownsville, Texas court is still the decision — DACA+/DAPA programs remain blocked. DAPA which would have helped between 4-5 million (parents of U.S. citizens or legal residents) is not going to happen, at least not immediately.
The first DACA program from 2012 continues, and people meeting the conditions are still able to apply. The expanded DACA (DACA+) is what was blocked. There is confusion about the 2012 DACA program but also concern that it could be targeted by the same forces that challenged President Obama’s temporary relief from deportation. Remember, DACA of 2012 only provides a two-year opportunity to work (and not be targeted for deportation) that can be renewed as long as no criminal record exists and an additional $465 fees are paid. There were 108,000 DACA applicants that received 3-year renewals, and Judge Andrew Hanen, a federal district court judge in Texas who blocked both DAPA and the expansion of DACA, also demanded that these 108,000 approvals be changed back to 2 years. Judge Hanen had been known for his anti-immigrant views.
As I read and research more about the DAPA/DACA+ decision, I want to know more about the Texas Judge (Andrew Hanen) who made the decision to agree with the 26 states that challenged President Obama’s executive authority to offer these programs to the undocumented immigrants with ten or more years living in the shadows of the United States. After all, Congress could not agree on passing anything. Then I try to understand how the 4-to-4 United States Supreme Court decision was affected by the death of Supreme Court Judge Antonin Scalia (whose views were conservative) in February 2016. Then I try to understand how the refusal of the Senate and House of Representatives to appoint Scalia’s replacement on the U.S. Supreme Court might have made a difference to the 4-5 million that were to be offered the opportunity to apply for the temporary status with some safe ground from deportations and two-year work authorization. The scene becomes clearer that eleven million undocumented residents are being played with, and they continue to fear being separated from their families. The legal “justice” system is not “fair” or non-political.
A Republican President Reagan 30 years ago successfully passed the last comprehensive immigration reform called IRCA 1986 -Immigration Reform and Control Act. The world has changed since then. We need to understand the new forces in developing our plan to win.
The undocumented and pro-immigrant community is now being corralled into the November 2016 presidential elections. Hoping is positive; but how long will we allow human beings to be used as pawns over and over again? How can an economic system that is using immigrants not want them to stay and live in fear while still contributing to the economy with their hard work? One thing is for sure: the U.S. is not the only country facing issues of immigration — Syria and the millions of refugees looking for their own safe ground in Europe are affecting countries all over the world. Change will come because human beings want it. Not one more deportation, not one more family separated continues to be the call.