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alex padilla
'The Fight Continues' as Appeals Panel Rules Against DACA
"It is long past time for DACA recipients, and so many others, to have a pathway to citizenship," said one migrant rights advocate.
Jan 18, 2025
Migrant rights advocates vowed to keep fighting after a federal appeals court on Friday dealt a blow to a program providing work permits and deportation relief to hundreds of thousands of undocumented immigrants brought to the United States as children—shortly before the Monday inauguration of Republican President-elect Donald Trump, who campaigned on mass deportations.
Deferred Action for Childhood Arrivals (DACA) has been ensnarled in legal battles since it was first introduced by the Obama-Biden administration in 2012. Friday's ruling from a three-judge panel of the U.S. Court of Appeals for the 5th Circuit stems from Republican-led states challenging the Biden-Harris administration's attempt to strengthen the program in 2022.
In 2023, U.S. District Court Judge Andrew Hanen from the Southern District of Texas found that the DACA rule from the previous year was unlawful and issued a nationwide injunction, though he left the program in place for current recipients. On Friday, the panel partly agreed but limited the injunction to Texas and blocked its decision from taking effect pending further appeal.
"We demand Congress find a way to urgently pass permanent protections for as many people as possible."
"The ruling restores DACA in 49 states, providing temporary relief for thousands of young people who study, work, and contribute to our nation. And all current DACA recipients remain protected, and able to renew their DACA grants, until this case concludes its journey through the courts," explained Nina Perales, vice president of litigation at MALDEF, which represents DACA recipients—often called Dreamers, due to related federal legislation that's never made it through Congress.
MALDEF president and general counsel Thomas A. Saenz said that "the panel's overreliance on the 5th Circuit's previous flawed analysis of standing and of the legality of DACA in its entirety make this decision itself ill-informed and nonconforming with respect to current federal law. Thus, we will be carefully considering, with our clients, the best options for preserving the work authorization (and forbearance) of all DACA recipients and DACA-eligible immigrants."
Saenz added that the panel's unanimous decision "presents squarely the question to be answered by Congress and the new administration: Will you finally accede to the expressed desires of bipartisan supermajorities of voters nationwide to preserve and protect the national asset that is made up of our DACA recipients and other DACA-eligible immigrants?"
Advocates for Dreamers, including some Democrats in Congress, also criticized the panel's ruling and called for legislative action.
National Immigration Law Center president Kica Matos
said Friday that the "ruling, just days before Donald Trump takes office, adds to the cruel uncertainty that immigrant youth have endured throughout years of politicized attacks on DACA."
"We also recognize that the incoming administration is likely to resume its assault on DACA and immigrant youth," Matos continued, referencing the Trump-Pence administration's effort to kill the program. "We will confront these attacks with the same force we used to defeat Trump's last attempt to end DACA. It's past time for politicians and courts to stop playing games with the lives of immigrant youth."
FWD.us president Todd Schulte said the new decision "is important and should be read in full," stressing that even the conservative court "made clear in its ruling the deep value of DACA by highlighting that ending the policy would do substantial harm to DACA recipients."
"A few weeks ago, President-elect Trump made welcome comments acknowledging that providing a pathway to citizenship for Dreamers is the best path forward for our country," he noted. "He now has a unique opportunity to protect DACA recipients and secure permanent protections for Dreamers."
"First, he should ensure that DACA stays in place by continuing to enact the policy as president and not supporting litigation against it," Schulte argued. "Second, he should also work with Republicans and Democrats to pass narrowly targeted legislation that specifically provides Dreamers the permanent protections that are best for them and all Americans."
"No one should have to live their life from court decision to court decision, nor in two-year increments. DACA has transformed the lives of so many. It is long past time for DACA recipients, and so many others, to have a pathway to citizenship," he added. As of October, there were over 537,000 active DACA recipients, according to federal data.
Greisa Martinez Rosas, executive director of United We Dream, said that the panel's decision "continues to baselessly attack immigrant young people, while also proving that our communities are essential to the economy and the future of the United States. This is why the 5th Circuit Court has kept renewals alive."
The advocate, who is undocumented, asserted that "the court's insistence on attacking DACA is especially concerning given" that 10 Senate Democrats on Friday joined Republicans in advancing the Laken Riley Act, "a bill that will put the lives of millions of people in danger of racial profiling as well as inhumane and indefinite detention."
"All the while, Trump is set to take office in just two days, pledging to carry out destructive mass raids and deportations quickly and forcefully," she pointed out. Late Friday,
The Wall Street Journalreported that the Trump-Vance administration is set to begin its promised deportations on Tuesday with an operation targeting residents of Chicago, Illinois.
"The pieces of Trump's destructive agenda have been laid out clearly," said Martinez Rosas. "Congress cannot continue to willfully ignore Trump's goal to target as many immigrants as possible and wreak complete havoc on families, cities, local economies, workplaces, and more nationwide. We demand Congress find a way to urgently pass permanent protections for as many people as possible, and for elected officials at every single level—from governors, mayors, and more—to seize every opportunity to reject Trump's agenda now and immediately shore up protections for immigrants nationwide."
Senate Democratic Leader Chuck Schumer (D-N.Y.) said in a statement about the Friday ruling that "the 5th Circuit is a renegade court. To say DACA is unconstitutional is not only cruel but way out of the mainstream of legal thinking."
"President-elect Donald Trump has said that he wants to do 'something about the Dreamers' and that he will work with Democrats on a plan, something I will take him up on while he is in office," he pledged.
Schumer wasn't alone. Sen. Alex Padilla (D-Calif.) said the "terrible" ruling "is another harsh reminder of the constant uncertainty DACA recipients face," while Sen. Dick Durbin (D-Ill.)—who has fought for Dreamers on Capitol Hill for over two decades—declared "the 5th Circuit DACA decision creates a force that will require a Washington response."
Even Sen. Catherine Cortez Masto (D-Nev.), who helped Republicans tee up the Laken Riley Act for a final vote next week, said that "I strongly disagree" with the ruling and called for a legislative fix.
In the House of Representatives—also narrowly controlled by Republicans—Democrats similarly urged action. Rep. Delia Ramirez (D-Ill.), the daughter of Guatemalan immigrants whose district includes part of Chicago, said that the ruling "only adds to the uncertainty and fear of countless immigrant and mixed-status families."
"If you are eligible, renew your DACA—don't wait!" she said. "To our Dreamers—¡Esta lucha no termina aquí! The fight continues until each of our immigrant neighbors has the safety, stability, and dignity they deserve."
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Bondi’s Non-Answer on the 14th Amendment Speaks Volumes
What Trump's nominee to be Attorney General claims she doesn't know about birthright citizenship should frighten us all.
Jan 17, 2025
In her Tuesday confirmation hearing, President-elect Donald Trump’s nominee for Attorney General, Pamela Bondi, had a contentious exchange with Sen. Alex Padilla (D-Calif.) about 2020 election denialism and the 14th Amendment’s guarantee of birthright citizenship. Bondi was evasive and tried to waste time through rambling answers instead of directly answering Padilla’s questions. However, it was her non-answer to the question about the 14th Amendment that spoke loudest.
Padilla asked the following question, “Now when we met yesterday, you did not seem to be familiar with the citizenship clause [of] the 14th Amendment of the United States of America, which was deeply disappointing. And I’m hoping you are more familiar with it today after I gave an opportunity to study it overnight. So can you tell me at this committee what the citizenship clause of the 14th Amendment says?”
This is an extremely straightforward question. Although I wouldn’t expect anyone to be able to recite all of the text of all of the Amendments of the Constitution verbatim from memory, Bondi gave a stonewalling non-answer that was very telling. “Senator, I’m here to answer your questions. I’m not here to do your homework and study for you. If I’m confirmed as Attorney General,” at which point the senator repeated his question and tried to press her for an answer. The only answer that she ended up giving on this topic was a pathetic, “Senator, the 14th Amendment we all know addresses birthright citizenship…. I didn’t take your homework assignment: I’m sorry I was preparing for today.”
Although Bondi’s answer made her sound like a student who is giving a book report on a book they didn’t read, I am certain that she knows exactly what the 14th Amendment says. Padilla, to his credit, did not fall for Bondi’s attempted dodge. He asked point blank, “So now on the 14th Amendment, you’ve testified repeatedly to this committee that you will uphold the laws of this country and defend the Constitution of the United States. Do you believe birthright citizenship is the law of the land and will you defend it regardless of a…child born in the United States, regardless of their parents’ immigration status?”
Again, Bondi’s lack of a direct response tells you everything you need to know. “Senator, I will study birthright citizenship. I would love to meet with you regarding birthright citizenship.” Bondi does not have the courage to own up to the fact that she and the administration that she is applying to work for will put into practice an illegal set of policies designed to contravene the 14th Amendment’s citizenship clause and deny U.S. citizenship to children born in the U.S. to undocumented parents. She does not want to say the text of the 14th Amendment out loud because it’s really quite unambiguous.
For reference, the Citizenship Clause of the 14th Amendment says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” Children who are born in the U.S. to undocumented parents are subject to the jurisdiction of U.S. laws. Therefore, they are citizens. It couldn’t be any more straightforward. As I wrote about previously, the conservative legal “theory” that these children are not subject to the jurisdiction of the U.S. and are therefore not citizens is completely ludicrous and incoherent. I also recently wrote about the dystopian nightmare that would be created if Donald Trump is allowed to bring this incoherent theory into practice. With Trump’s inauguration looming next week, it is important that we understand what Bondi’s role would be in the push to end birthright citizenship in the U.S.
As Attorney General, Bondi would be a key player in Trump’s Push to end birthright citizenship and shred the 14th Amendment
There are three key roles Bondi would play as Attorney General in Donald Trump’s plan to destroy the 14th Amendment. First, the Attorney General is the head of the U.S. Department of Justice’s Office of Legal Counsel. The OLC is a critical part of any administration that many Americans may not be aware of. As the OLC’s website says, “The Office drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice…. All executive orders and substantive proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President’s formal approval.” (emphasis added).
As Attorney General, Bondi will be responsible for issuing OLC legal memos and reviewing the legality (or illegality) of Trump’s executive orders. Although OLC legal memos are only advisory in nature, they can have powerful effects. We are still living under the shadow of the 1973 OLC memo that concludes that a sitting President is immune from criminal prosecution. OLC memos create legal cover and justification for agencies to take action. Further, Bondi would be theoretically responsible for signing off on the constitutionality of any Trump executive orders that contravene the 14th Amendment. Her statement that she has to “study” the 14th Amendment is hard to believe because I would not be surprised to find out that they have a legal memo and executive orders already drafted and ready to go that will start the attack on birthright citizenship as soon as Trump takes office. We can assume that behind closed doors, she has already signed off on Trump’s illegal plan to deny citizenship to children of undocumented parents.
Second, the Attorney General sits at the top of the Executive Office for Immigration Review, which is commonly referred to as “Immigration Court.” The EOIR is the arm of the government that carries out removal proceedings, i.e., deportation proceedings. In a previous piece for Common Dreams, I wrote about a nightmare scenario where the federal government would begin to detain and deport people born in the U.S. with undocumented parents. As Attorney General, Bondi would be instrumental in this as her office would be carrying out these proceedings under the flagrantly incorrect notion that these people born in the U.S. are not citizens.
Third, the AG controls the Office of the Solicitor General (OSG). The OSG is the arm of the Executive Branch that will defend Trump’s policies in court against the inevitable legal challenges that they will draw. Of course, as I previously wrote, these policies are intentionally designed to draw legal challenges and make their way to the corrupt U.S. Supreme Court. If the Supreme Court overturns birthright citizenship despite the incredibly clear language of the 14th Amendment, it will be because of the arguments put forward by Bondi’s attorneys who are part of the Office of the Solicitor General and the Department of Justice. If birthright citizenship in the U.S. is erased, it will be because of Pam Bondi.
Bondi’s response that she would have to “study” the 14th Amendment is a lie. She is lying to cover up the fact that she will be a key player in Trump’s plans to shred the 14th Amendment and abrogate his oath of office. Just let that sink in. She is lying at her confirmation hearing because she knows that she will be a major part of the incoming administration’s effort to break the law by ignoring the plain text of the U.S. Constitution. Her nomination should be opposed unanimously, but of course, we cannot count on any Republicans in the Senate to do the right thing, ever. We need to keep a clear moral perspective and never let them forget what they have done if they are successful in confirming Bondi and destroying the 14th Amendment’s guarantee of birthright citizenship in the U.S.
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AOC Vows to File Articles of Impeachment After Supreme Court Trump Ruling
"Today's ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture."
Jul 01, 2024
Congresswoman Alexandria Ocasio-Cortez on Monday said she will file unspecified articles of impeachment U.S. Supreme Court's right-wing supermajority ruled that former President Donald Trump is entitled to "absolute immunity" for "official acts" performed while he was in office, a decision that prompted dissenting Justice Sonia Sotomayor to declare her "fear for our democracy."
Ocasio-Cortez (D-N.Y.) said on social media that "the Supreme Court has become consumed by a corruption crisis beyond its control."
"Today's ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture," she added. "I intend on filing articles of impeachment upon our return."
The House of Representatives reconvenes next Monday.
The justices ruled 6-3 along ideological lines Monday in Trump v. United States that "the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority" and that "he is entitled to at least presumptive immunity from prosecution for all his official acts."
Dissenting, Sotomayor asserted: "Never in the history of our republic has a president had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law. Moving forward, however, all former presidents will be cloaked in such immunity."
Far-right Justices Clarence Thomas and Samuel Alito dismissed calls to recuse themselves from the case over alleged conflicts of interest. In addition to them and Chief Justice John Roberts, the court's three Trump appointees sided with the ex-president in the case.
The decision means it is highly unlikely that Trump will face a trial for his alleged role in fomenting the January 6, 2021 Capitol insurrection before November's election, in which he is the presumptive Republican nominee. In addition to four felony charges in that case, Trump faces one trial in Fulton County, Georgia for his alleged effort to overturn the results of the 2020 election and another in Florida over his alleged mishandling of classified documents.
In May, Trump was convicted on 34 felony charges related to the falsification of business records regarding hush money payments to cover up sex scandals during the 2016 presidential election. The former president was also impeached twice while in office, although the Senate did not convict him either time.
At least one other House lawmaker—Rep. Maxwell Alejandro Frost (D-Fla.)—said he supports Ocasio-Cortez's move. Other progressive lawmakers expressed alarm over Monday's ruling.
"Presidents are not kings. Trump should absolutely be held criminally liable for inciting a violent mob to overturn the 2020 election," said Rep. Barbara Lee (D-Calif.). "This ruling sets an incredibly dangerous precedent. This extremist court has put our democracy on life support."
Sen. Ed Markey (D-Mass.) said that "the far-right extremist majority has politicized our highest court, undermined its legitimacy, and has created a dangerous 'absolute' immunity for a president's official acts."
"This is a rogue, untethered, and damaging Supreme Court. MAGA extremist justices also are ignoring the festering corruption in their ranks," he added. "We need justices committed to justice. Stolen seats filled with partisan hacks lead to alarming results. Today's ruling is devastating to our democracy."
Sen. Alex Padilla (D-Calif.) asked, "If brazenly attempting to overturn a democratic election by claiming the powers of the presidency can be a so-called 'official' act of the president, then where does it end?"
"If a former president who has fomented an insurrection at our Capitol and who now promises to serve as a dictator on day one back in office can avoid accountability in a court of law, then as Justice Sotomayor stated, I too 'fear for our democracy,'" he added.
Some progressive groups and campaigners also called for the impeachment of the six right-wing justices.
"The Supreme Court is a corrupt institution that's more concerned with advancing their ideological agenda than upholding the Constitution," Sunrise Movement said on social media. "Congress must move forward with impeachment."
Erica Payne, founder and director of Patriotic Millionaires, said in a statement that "the Supreme Court's decision effectively legalizes the use of political violence by a president so long as it is an 'official act.'"
"This relieves the presidency—and the sitting president—from the most basic level of accountability while putting our entire constitutional republic in mortal danger," she continued. "Donald Trump incited an insurrection and encouraged his thugs to storm the Capitol. The idea that he should not be held accountable if these actions were 'official' is an egregiously partisan attempt to deny reality."
"This decision is the culmination of a relentlessly executed, multidecade plan to destroy American democracy," Payne contended. "It is the inevitable outcome of rank corruption facilitated by a malignant class of American oligarchs who, over decades, bought and paid for a complicit Supreme Court."
"The frog in the pot is now at a rolling boil," she added. "The president can encourage his thugs to murder members of Congress without fear of legal repercussions. If Democrats do not immediately take bold action, historians will mark today as the moment illiberal authoritarians cemented their rule over the United States of America."
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