‘Dreamers’ could see fate resolved by Supremes

Photo Credit: Julián Aguilar/The Texas Tribune as reported in The Texas Tribune on 7/31/18.

Photo Credit: Julián Aguilar/The Texas Tribune as reported in The Texas Tribune on 7/31/18.

The future of DACA, the Deferred Action for Childhood Arrivals program, will become clearer as federal courts wrestle with the Obama-era initiative to shield young immigrants from deportation. And the U.S. Supreme Court may end the controversy once and for all.

The Washington Post reports that on Friday, Aug. 17, U.S. District Judge John D. Bates ruled that the Trump administration must continue processing renewals but that the administration can halt new applications for “Dreamers” while DACA is under appeal.

“Bates is one of the federal judges presiding over four different lawsuits aimed at maintaining or eliminating DACA, which was created by executive order by President Barack Obama and then ended by President Trump,” the Post reports.

The Texas Tribune notes that on Aug. 8, federal District Judge Andrew Hanen was scheduled to hear the state’s request for a halt to the program preliminarily “while the issue meanders its way through the federal court system.”

The fate of DACA could ”end up in the hands of the U.S. Supreme Court,” the Texas Tribune reports. “In June, the Department of Justice asked Hanen to delay a possible injunction ‘so the United States can seek stays of all the DACA injunctions in the respective courts of appeals and the Supreme Court,’” the Tribune notes.

No resolution expected for ‘Dreamers’ by end of year

Photo by John Gastaldo/Reuters as included in the PBS report on Dec 5, 2017.

Photo by John Gastaldo/Reuters as included in the PBS report on Dec 5, 2017.

The status of recipients of the Deferred Action for Childhood Arrivals program — commonly known as Dreamers — likely will remain in limbo until 2018, as members of Congress spar over Immigration reform and a potential government shutdown.

“Top Democratic lawmakers dismissed Tuesday a compromise bill offered by Iowa Republican Sen. Chuck Grassley that would give protections to younger illegal immigrants in exchange for long-term immigration reform,” reported the right-leaning Daily Caller in a Dec. 5 update.

“Grassley’s so-called SECURE Act would implement several policies long favored by conservative immigration reformers, most importantly the mandatory use of e-Verify and limits on family-based migration.

In return, the law would grant recipients of the now-cancelled Deferred Action for Childhood Arrivals (DACA) program relief from deportation and work authorization for three years.” Democrats call the bill’s conservative provisions non-starters.

Grassley, in a Senate Floor statement about the SECURE Act on Dec. 5, referred to “the inherent unfairness in our nation’s immigration court and asylum adjudication systems, and how hundreds of thousands of aliens wait in backlogs for years at a time.”

The bill, he said, would “take meaningful steps to reduce immigration court and asylum adjudication backlogs by hiring more judges and personnel, limiting the number of continuances an immigrant can receive, and imposing new safeguards to combat well-documented fraud and abuse.”

Based on the tenor of talks in Congress, however, no quick solutions are expected for the court backlog.

Negotiations over immigration reform are being tied to funding of the federal government, prompting some to predict a delay in dealing with DACA.

Discussing immigration-reform negotiations, Senate Majority Whip John Cornyn told reporters, “I hope our colleagues on the other side of the aisle will take our word for it as demonstrated by our good faith in making an offer to them that we do want to resolve this, but it’s not going to be before the end of this year,” according to CNN.

Others want quicker action on DACA. A group of 34 House Republicans on Tuesday asked Speaker Paul Ryan to act this month on legislation “dealing with the 800,000 young immigrants brought to the United States as children and living here illegally,” noted a PBS report. “Ryan has said he does not see a need to act before March, the deadline President Donald Trump gave Congress to find a permanent solution after he suspended the temporary protections against deportation granted by the Obama administration.”

But CNN reported, “There is a growing recognition on Capitol Hill that including immigration provisions to protect DACA recipients in the year-end spending bill could be a deal breaker for Republicans even as some Democrats in the House have threatened to vote against a spending package that doesn’t include it.”

To avert a government shutdown, the House and the Senate voted Thursday for a short-term spending bill “to keep the federal government running for another two weeks,” CNN reported.

Three State Will Lead On DACA Lawsuit

Washington state Attorney General Bob Ferguson, left, speaks with Graciela Nuñez, a DACA recipient, at a Seattle news conference called to announce Washington’s participation in a lawsuit against the Trump... (Alan Berner/The Seattle Times)

Washington state Attorney General Bob Ferguson, left, speaks with Graciela Nuñez, a DACA recipient, at a Seattle news conference called to announce Washington’s participation in a lawsuit against the Trump… (Alan Berner/The Seattle Times)

While 15 states and the District of Columbia are signed on to challenge President Trump’s planned removal of DACA, it turns out that only three – Washington, New York and Massachusetts – will take the lead on the lawsuit, That will include the state attorney general who is perhaps the most vocal in his opposition, Washington Attorney General Bob Ferguson, who has long been an outspoken defender of DACA – the “Deferred Action for Childhood Arrivals” program.

“It’s outrageous.” said Ferguson in a press conference. “It is. It’s outrageous. I’m not going to put up with it.” He also said this is “… a “dark time for our country.” The challenge will focus on claims of racial and ethnic bias against the “dreamers,” most of whom are from Mexico. The Seattle Times has coverage of Ferguson and the state’s leadership role here:

‘I’m not going to put up with it’: Washington AG Ferguson says lawsuit over DACA will show Trump’s bias

15 States, D.C., Sue Over Trump’s DACA Decision

Protesters gather at a federal building at Congress Parkway and Clark Street in Chicago on Sept. 5, 2017, to protest President Donald Trump's rollback of the Deferred Action for Childhood Arrivals program. (Terrence Antonio James / Chicago Tribune)

Protesters gather at a federal building at Congress Parkway and Clark Street in Chicago on Sept. 5, 2017, to protest President Donald Trump’s rollback of the Deferred Action for Childhood Arrivals program. (Terrence Antonio James / Chicago Tribune)

Fifteen states – including California, the nation’s largest state – and the District of Columbia sued the U.S. government Wednesday to block President Donald Trump’s plan to end protection against deportation for young immigrants. The lawsuit filed in federal court in Brooklyn asked a judge to strike down as unconstitutional the president’s action involving the Deferred Action for Childhood Arrivals program, or DACA.

The Chicago Tribune was among those reporting on the lawsuit, noting that “… the awsuit filed Wednesday says rescinding DACA will injure state-run colleges and universities, upset workplaces and damage companies and economies that include immigrants covered under the program. The lawsuit noted that Harvard University has over 50 DACA students while Tufts University has more than 25. Both schools are in Massachusetts.

Read more here: 15 states, D.C. sue Trump administration over ending DACA