Supreme Court to Take Up Immigration Case

January 21, 2016 by · Leave a Comment 

East Los Angeles resident and immigration rights activist Isabel Medina woke up Tuesday to a text message saying the Supreme Court would review President Obama’s executive action on immigration.
“I was so excited, I woke up my kids and told them about the good news,” Medina told EGP in Spanish. “I called my husband at work and we celebrated one more step forward to legalization.”

Her two U.S. born children—ages seven and nine—didn’t quite comprehend the importance of the decision, she said. “But they were happy and said, ‘Mom, now you can go visit grandma [in Mexico]’” recalled Medina with tears on her eyes.

Lea este artículo en Español: Tribunal Supremo toma el Caso de Inmigración 

The Supreme Court justices’ decision to review the U.S. 5th Circuit Court of Appeals in New Orleans’ ruling in Texas v. United States gives hope to Medina and as many as five million immigrants in the country illegally who could get temporary relief from deportation under the president’s Deferred Action for Parents of Americans (DAPA) and expanded Deferred Action for Childhood Arrivals (DAPA) programs.

Announced by Obama in November 2014, DACA and DAPA would allow undocumented parents of U.S. born children and lawful permanent residents, and undocumented immigrants who arrived to the country as children and were over the age of 31 in 2012, to obtain protection against deportation and to receive a work permit and social security number.

On February 16, 2015—two days before expanded DACA would take effect— 26 predominately Republican states led by Texas filed a lawsuit to block the programs, claiming that Obama’s executive orders enacting the programs exceeded his authority under the US Constitution.

A Texas judge and the Fifth Circuit Court of Appeals panel in New Orleans agreed, stopping the programs from going into effect.

The Obama Administration and 15 states – including California -appealed the Fifth Circuit’s ruling to the Supreme Court.

Isabel Medina (center) and other activists celebrate the decision from the Supreme Court to hear the cases of DACA and DAPA. (EGP photo by Jacqueline Garcia)

Isabel Medina (center) and other activists celebrate the decision from the Supreme Court to hear the cases of DACA and DAPA. (EGP photo by Jacqueline Garcia)

“We know it’s legal, we know it’s common sense. We know it’s just a lawful exercise of executive discretion that has been legally used by presidents in both parties; [Dwight D.] Eisenhower, [Ronald] Reagan, [George W.] Bush, [Bill] Clinton and of course Obama,” said Angelica Salas, executive director of the Coalition for Humane Immigrant Rights in Los Angeles (CHIRLA) during a press conference responding to the announcement Tuesday morning.

“[Immigrants] are not hiding, they work hard every single day to support their families and to support this country’s economy…we need to stop deporting men, women and children who work hard,” added Maria Elena Durazo, general vice president for immigration, civil rights and diversity with UNITE HERE.

Justices will likely hear arguments in April; a final decision is expected in June.

In California, about 1.5 million could benefit from DACA and DAPA with about half a million in Los Angeles County, according to Salas.

If the Supreme Courts rules in favor of the Administration, unauthorized immigrants eligible under DACA or DAPA could be faced with a short timeframe for applying for the programs before Obama leaves office and if a Republican replaces him as president January 2017.

Immigration rights activists have been urging people who could qualify for the three-year reprieve from deportation and the right to work legally to gather the documents they will need to apply if the Supreme Courts rules in their favor.

Congresswoman Judy Chu (CA-27), who said she was among those who first urged the president to issue the executive orders, said via a teleconference call Tuesday that the fight continues because “it is the right thing” to do.

“We know we are in the right legally, morally and we stand behind the president’s actions,” she said.
Democratic Caucus Chairman Xavier Becerra (CA-34) said in a statement that the president acted “well within his authority” in proposing commonsense immigration measures.

“For Americans harmed—or simply frustrated—by our broken immigration system, this could be a sign of good news to come,” he said. “I am confident that the Supreme Court will rely on the Constitution and precedent to affirm his actions.”

Los Angeles County Supervisor Hilda Solis supported the president’s efforts by advocating for the formation of a county DACA/DAPA Task Force to implement the president’s orders and to allocate more local resources to assist youth who qualify for DACA.

“Last November, the County Board of Supervisors signed onto an amicus brief urging that the U.S. Supreme Court review the Fifth Circuit’s decision,” she said. “Now is the time to embrace our immigrants because they are vital contributors to our society.”

Medina, visibly joyful during CHIRLA’s press conference, told EGP she will fight relentlessly to be heard and to end her 19 years living in the shadows.

“My children worry about my situation,” Medina said. “At their young age they know what immigration is about and they fear I may not be home one day.”


Twitter @jackiereporter

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