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'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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Trump Spokesperson Affirms Day 1 Plans for Nation's 'Largest Mass Deportation Operation'
"As always, we will go to court to challenge illegal policies, but it is equally essential that the public push back, as it did with family separation," one rights advocate said.
Nov 07, 2024
President-elect Donald Trump is set to begin his promised mass deportation of undocumented immigrants as soon as he takes office on January 20, 2025, even as rights groups are mobilizing to stop him.
Trump national press secretary Karoline Leavitt toldFox News Wednesday morning that "the American people delivered a resounding victory for President Trump."
"It gives him a mandate to govern as he campaigned, to deliver on the promises that he made, which include, on Day 1, launching the largest mass deportation operation of illegal immigrants that Kamala Harris has allowed into this country," Leavitt said.
"We have a simple message for President-elect Trump or his deputies if they decide to make good on their despicable plans: We will see you in court."
Trump has pledged to conduct the largest deportation in U.S. history, with running mate and now Vice President-elect JD Vance promising 1 million deportations each year. The plan would likely rely on mobilizing federal agencies, the military, diplomats, and Republican-led states while using federal funds to pressure uncooperative states and cities into complying.
The stocks of private prison companies like GEOGroup and Core Civic rose significantly after Trump's win, and private contractors had already been discussing ahead of the election how to build enough detention space to accommodate Trump's plans.
A study released by the American Immigration Council in October found that a massive, one-time deportation program of the estimated 13.3 million migrants in the country without legal status would cost the government at least $315 billion while a 1-million-a-year approach would cost $88 billion a year for a total of $967.9 billion. It would also shrink the nation's gross domestic product by between 4.2 and 6.8%, not to mention the massive human cost to immigrant families, as around 5.1 million children who are U.S. citizens live with an undocumented family member.
The council also warned that such a program would likely threaten the well-being of all immigrants and increase vigilantism and hate crimes.
"As bad as the first Trump administration was for immigrants, we anticipate it will be much worse this time and are particularly concerned about the use of the military to round up immigrants," Lee Gelernt, a lawyer with the American Civil Liberties Union who fought the first Trump administration on family separation and other policies, toldThe Washington Post. "As always, we will go to court to challenge illegal policies, but it is equally essential that the public push back, as it did with family separation."
Exit polls show that 56% of U.S. voters favor offering immigrants already in the U.S. a pathway to citizenship, while Data for Progress found that survey respondents did not favor deportation for 7 out of 9 categories of people who might be caught up in a mass deportation scheme.
The ACLU has urged cities and states to take steps to protect their undocumented residents ahead of January 20.
"They should prepare for mass deportations because those will wreak havoc on the communities," Noreen Shah, director of government affairs at the ACLU's equality division, toldNewsweek. "It will mean kids who go to school and their parents are gone and not there to pick them up at the end of the day."
In particular, legal groups are gearing up for Trump to potentially evoke the Alien Enemies Act of 1798, which authorizes the country to deport noncitizens of a hostile nation. It has only been used three times, most recently to detain Japanese Americans during World War II.
"Many fear that a second Trump administration would seek to use this law to justify indefinite detention and remove people from the country swiftly and without judicial review," Shah told Reuters.
The Brennan Center for Justice has called on Congress to repeal the act.
"This law was shameful and dangerous back when it was created 200 years ago," the center's Marcelo Agudo wrote in October. "It's even more so today. It must be repealed or overturned."
Several other organizations pledged to continue defending immigrants and refugees after Trump declared victory.
"We have a simple message for President-elect Trump or his deputies if they decide to make good on their despicable plans: We will see you in court," Karen Tumlin, founder and director of Justice Action Center, said in a statement. "And, we have a message of love to immigrant communities, we see you, we are you, and we will stand with you."
Calling Trump's win "one of the most dangerous moments in our country's history, National Immigration Law Center president Kica Matos said the organization had led a "movement-wide effort to plan for this moment."
"Trump and his allies told us what he plans to do: mass deportations, ending birthright citizenship, ending the right to public education for immigrant children, internment camps, and using the military to hunt down immigrants. We should take him at his word," Matos said.
She continued: "One thing is certain: we cannot and will not retreat. For more than 40 years, NILC has been steadfast in our fight to defend the rights of low-income immigrants and their loved ones. We successfully fought Donald Trump before, and we will do it again."
The American Immigrant Lawyers Association (AILA) pledged to continue working for its clients.
"If implemented, the anti-immigrant policies avowed by candidate Trump will inflict lasting damage to the American economy, communities, and character," AILA Executive Director Benjamin Johnson said in a statement. "AILA and its more than 16,000 members will continue to defend the Constitution and stand against laws and policies that violate due process, undermine civil rights, or denigrate the contributions of immigrants. Our future prosperity depends on not giving up. We must stand together and work towards a brighter future."
Refugees International also promised to continue with its "shared commitment to rights and refuge for people forced from their homes."
"Amid historic levels of global displacement, the incoming Trump administration plans to enact an anti-refugee, anti-asylum agenda that will endanger millions of people—both those threatened by crises overseas and those who have been welcomed as neighbors into communities across the United States," the group's president, Jeremy Konyndyk, said in a message to supporters. "Yet we hold on to hope, even as we are clear-eyed about the daunting struggles ahead."
Knowndyk added: "As we do under any presidential administration, we will work tirelessly with all of you to defend and advance the rights, protection, and well-being of all people forced to flee their homes."
United We Dream, the largest U.S. organization led by immigrant youth, committed to building the "largest pro-immigrant movement this country has ever seen."
"Immigrant young people of United We Dream declare ourselves hopeful and clear eyed about the fight ahead," said the group's executive director Greisa Martínez Rosas. "With Trump pledging to carry out the largest deportation effort in our country's history—ctivating the military to raid our communities, schools, hospitals, and more in order to round up our people into concentration camps—young, Black, brown, and queer leaders who have been at the vanguard of our movement and of creating meaningful change are ready move mountains to protect our communities."
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This Election Isn’t About a Perfect Candidate, It’s About Our Futures
Harris will never be my community’s liberator. But for right now, for this election, she is my target. My goal is to stop Trump and his MAGA allies from ever getting close to the White House again.
Oct 06, 2024
I remember seeing the pain in my dad’s eyes when Trump’s Muslim Ban took effect. As a daughter of Mexican-Iranian immigrants, the onslaught of Trump’s anti-immigrant, Islamophobic attacks over his four years in office served as a violent and constant reminder of the ways this country has ruthlessly attacked the lives of the people I love.
As one of the first people in my family eligible to vote, it feels as if I am holding the weight of my entire family, my generation, and my future on my shoulders when I go to the ballot box. Never has my vote been just about me. It’s about what gives my family and my community the best chance at survival.
This year’s election is no different. Each vote matters, and if recent polling shows anything, it’s that this alarmingly close race between Vice President Harris and Trump will come down to the margins. The very real possibility of yet another Trump presidency has left me grappling with what life for my family, friends, and community—many of whom are undocumented—would look like if Trump took office again.
I am under no impression that Harris is perfect; but I am not fighting with her. I am fighting to move her. I will vote for Harris on November 5, but my vote is not a profession of my love for Harris or my approval. It’s about making a deliberate choice to pick the playing field for the next four years that my generation and I will be forced, one way or another, to organize under.
Under Trump’s first term, undocumented people in my community retreated into fear because nowhere felt safe, not even a simple trip to the grocery store. The risk of being pulled over, targeted by the raging enforcement apparatus Trump’s administration fortified, was enough to force many back into the shadows. Thousands of families couldn’t escape Trump's attacks. The detention centers that have existed under both Republican and Democratic presidents alike, swelled under Trump. Everyone was a target: children, parents, grandparents, and more.
To this day, there are children who have yet to be reunited with their loved ones after being ripped from their parents’ arms under Trump’s Zero Tolerance policy. They have lived their childhood years tossed from courtroom to courtroom as many of their parents fight to regain custody.
When I think about this year’s election, I wish I didn’t feel the fear I do about a future life under Trump. But I have asked myself seriously: can my community survive that again, only this time worse?
As someone who grew up with a family of immigrants, I know this is not mere speculation or exaggeration—Trump and MAGA Republicans have a plan to hurt my community. Among many other atrocious policy proposals, the anti-immigrant policies outlined in Project 2025 are designed to tear apart families across the nation– both at the border and in the very states and cities we call home.
Trump is going after everyone. He would aim to strip legal status by ending DACA, TPS, humanitarian parole and other life-saving programs that have supported hundreds of thousands of people who already live, work, and care for their families in this country. The sprawling immigrant detention camps and deportations carried under his first admin were just a glimpse at what he could do under a second term, where he has promised to use the military to conduct nationwide raids in the places where we live, work, and pray to target anyone suspected of being undocumented.
This is the reality I am grappling with as a young voter from an immigrant community. For me, my decision to vote this year isn’t about rallying behind a perfect candidate who, unfortunately, does not exist right now. Vice President Harris is far from perfect. I am outraged by the ways she’s adopted Republican talking points and rhetoric when it comes to immigration, while also ignoring the calls to end the genocide in Gaza and stop sending weapons to Israel that American tax dollars have paid for.
Still, I know the ways I’ve seen how our progressive movement has successfully pushed Democrats before. In 2012, our movement forced the Obama administration to bend to our will when we successfully won the Deferred Action for Childhood Arrivals (DACA) program, which has protected hundreds of thousands of immigrants from the threat of deportation. Obama didn’t do this out of the goodness of his heart. He did it because our movements demanded it and refused to let up the pressure even while he was in office. This year, we also forced the Biden administration to deliver healthcare access to DACA recipients through the Affordable Care Act and delivered a monumental achievement when we won protections for undocumented spouses of U.S. citizens in order to keep mixed status families together. The reality is, these achievements did not come easily nor did they come overnight; they required relentless pressure, strategic maneuvering, and years of being able to move tactically against every political target who sat in the Oval Office. But they have also been achievements continuously targeted by the MAGA right who have stopped at nothing in trying to decimate these life-saving programs.
Vice President Harris is far from perfect. I am outraged by the ways she’s adopted Republican talking points and rhetoric when it comes to immigration, while also ignoring the calls to end the genocide in Gaza and stop sending weapons to Israel that American tax dollars have paid for.
Harris will never be my community’s liberator. But for right now, for this election, she is my target. My goal is to stop Trump and his MAGA allies from ever getting close to the White House again. As a young person whose heritage comes from people who have crossed rivers, borders, and oceans to protect those we love, I have had to channel what it means to move with intention through turbulent waters. Our survival depends on our ability to out-strategize those who seek to oppress us.
I am under no impression that Harris is perfect; but I am not fighting with her. I am fighting to move her. I will vote for Harris on November 5, but my vote is not a profession of my love for Harris or my approval. It’s about making a deliberate choice to pick the playing field for the next four years that my generation and I will be forced, one way or another, to organize under.
This election has made me feel more determined than ever to fight for the future my community and generation deserve. We deserve to have candidates on the ballot who truly reflect our values. Who don’t take years and generations to deliver on our demands. Every day, I am committed to fighting for that future, where the conditions are in our favor, where we have amassed enough people power and political power to make the changes our communities desperately need only faster, on the timeline we set. I am casting my ballot for myself, my community, my generation, my country, and for the future I believe to be possible.Keep ReadingShow Less
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