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February 26, 2018

Summary

On Monday, February 26, the Washington Post reported that the Supreme Court declined to take up the Trump administration’s request to review a decision made in a lower federal court to maintain the DACA program (read more about DACA here). This decision means that the Trump administration is not constitutionally permitted to terminate DACA on March 5, which was the deadline it had set for Congress to reconcile its differences with the program before rendering it dead. This ruling also ensures that currently DACA recipients can continue to reapply to the program, but new applicants will still not be accepted at this time. The review of DACA will return to the 9th Circuit Court of Appeals while the White House and Congress continue to seek resolution on the future of some 700,000 Dreamers.

Analysis

Federal judges across jurisdictions nationwide have been instrumental in the continued existence of DACA, allowing hundreds of thousands of young undocumented immigrants, many of whom did not know they were undocumented until later in their teen years when applying for a driver’s license or to college, to remain in the only country they know to call home. While White House leadership (or lack thereof) and many (but not all) in the GOP have set an example for allowing hate, bigotry, and prejudice to guide legislative decisions, judges, and ironically, those who aren’t even elected by the people, have safeguarded American democracy as one that does not tolerate such things. As litigation on DACA continues, we must continue to advocate for Dreamers and demand that our elected officials demonstrate the same level of compassion that federal judges have towards dreamers thus far.

Engagement Resources

  • Show Your Solidarity with Here to Stay: Here to Stay is a campaign run by United We Dream aimed at defending DACA. The organization hosts local Defend DACA rallies and other events, holds community calls, and provides resources for understanding DACA, as well as mental health resources for anyone who is affected by Trump’s decision to end DACA.
  • Take Action with the National Immigration Law Center: Since 1979, NILC has been exclusively dedicated to defending immigrants with low income. Through impact litigation, policy analysis and advocacy, and strategic communications, NILC advances the rights of those who came here in search of a better life. You can help NILC advance its mission by donating or attending one of their training or educational events.
  • Get Involved With the American Civil Liberties Union: The ACLU is a nonpartisan, non-profit organization whose stated mission is “to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States.” They have been actively involved in court cases challenging the Trump Administration on Immigration. You can learn more about supporting the ACLU in their fight for just immigration policy here.

This brief was compiled by Allie Blum. If you have comments or want to add the name of your organization to this brief please contact allie@usresistnews.org.


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