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DAP Forums > DREAM Act > The News Room

Three possible scenerios

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#1
06-10-2020, 10:16 AM
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Since the orders began on March 9, thousands of dreamers have waited expectantly for the Supreme Court to issue a verdict on the immediate future of Deferred Action for Childhood Arrivals (DACA).

The program was created in 2012 by the then President, Barack Obama , who in use of the Presidential Authority (APA) temporarily stopped the deportation of just over 800,000 undocumented youths who came to the country before their 16th birthday and who are known as dreamers.

The program also granted them a renewable employment authorization every two years, a document that has allowed them to manage a Social Security number and insert themselves into society like any other foreigner who lives permanently in the country, but knowing that the benefit can be canceled in any moment.



Legal battle
On September 5, 2017, the dream of some 700,000 (just over 100,000 had left the program for various reasons) turned into a nightmare when the Donald Trump government canceled DACA and allowed a percentage of them to renew, for the last time, their work permits. The remainder would remain legally until the employment authorizations expired.

Four months later, however, a California federal court reinstated the program on the same terms it was found, except for youth who had not previously enrolled. Judge William Alsup wrote that the decision to cancel the program was incorrect and that the government should "maintain DACA across the country" while legal challenges to the decision to eliminate it are resolved.

In November of that year, the 9th Circuit Court of Appeals concluded that the government's decision had been "arbitrary, capricious, and not in accordance with the law." Two months later, the Supreme Court said it would remain on the sidelines of the legal debate during that session that had kicked off in October 2018, but then accepted a new request for review by the government.

The hearing where the judges heard the arguments of the parties to the dispute was held in November and since then the dreamers await a ruling that will decide the immediate future of their lives in the United States.



The wait
These three months of waiting for the ruling have been "distressing," admit dreamers who spoke to Univision News in the past week.

"We are living in an unprecedented time," says Cristina Jiménez, executive director of United We Dream (UWD). “ We are waiting for the magistrates to understand and take into account the critical situation that the country is experiencing at the moment, not only due to the pandemic of the new coronavirus, but also the moment of struggle for racial justice and police violence against communities. vulnerable ”.

"The decision made by the highest court of justice will have a huge impact on the lives of some 700,000 young people protected by DACA who have lived their entire lives in this country," he added. "So we are concerned and hope that they take into account the moment we are facing."

Jiménez also said that the dreamers are ordering the Supreme Court "to protect the lives of immigrants protected by DACA instead of supporting the president in his position and his electoral strategy."

Juan Escalante, director of digital campaigns for FWD.us, a pressure group made up of leaders from the technology community, said that "the Court has to recognize that, in some way, the President has behaved in a whimsical manner" and that each Once "his agenda suffers in the polls, he launches himself against immigrants."


The stages
The National Immigration Law Center (NILC) outlined the possible DACA scenarios and what will happen to the dreamers after the ruling.

He warns that the timing of the ruling "is difficult to predict" and that the main conclusions were written without taking into account the effects of the pandemic.

Scenario 1 .

The Supreme Court concludes that the courts cannot review the President's decision to cancel DACA. “A decision along these lines likely holds that the courts do not have legal authority to review the government's decision to end DACA and that current court orders allowing people to file DACA renewal applications are invalid.

If so, the government would likely proceed to implement the September 5, 2017 decision to terminate DACA and would likely decide what to do with pending DACA requests and renewals at the time the Supreme Court issues its decision, including those recently issued renewals and work permits.

He adds that, within this scenario, a possible new government that is elected in November could "reestablish DACA" and perhaps even "provide more protections" than the current ones.

Scenario 2 .

The Supreme Court concludes that it can review the government's decision to terminate DACA and rule that canceling the program is illegal.

NILC points out that this would be "a victory for DACA recipients" and everything would be as it was as of September 4, 2017 (the day before the government announced that DACA was ending).

It would even allow new applications to be filed, something that since September 5, 2017 is prohibited by order of the lower courts while the legal dispute is resolved.

"In this scenario, we will have to see exactly how the Court's decision is written and know if individuals will be able to resubmit DACA applications the first time and whether DACA recipients will be able to reapply for parole in advance," says NILC.

"But these are just a few possibilities," he adds. "We cannot be sure how the Trump government will respond to the Court's decision. For example, after the magistrates issue the ruling, the government could try again to end DACA based on other laws, ”he warns.

Scenario 3 .

The Supreme Court concludes that it can review the decision and decides that the cancellation of DACA by the government is legal.

NILC says that, in this scenario, the Court's reasons for reaching this decision "will abruptly affect the program" and will be eliminated or reduced.

He adds that, if the Court concludes that the process by which the government decided to end DACA was legally sufficient, "the government must then determine how DACA will be applied" from that moment.

That decision will answer questions such as what will happen to DACA renewal applications that are pending at the time the Court issued its decision, or whether to allow work permits to expire on established expiration dates, such as It's established on September 5, 2017.

Also, says NILC, if the Supreme Court finds that DACA itself is illegal:



There will no longer be a chance that new DACA applications will be accepted for the first time;
The government will stop accepting DACA renewal requests;
The work permits issued to DACA recipients may remain valid until their expiration dates, but whether they do so will depend on the Court's reasoning and how the government reacts to the Court's decision.
This Monday, June 8, the Supreme Court will deliver opinions starting at 9:30 am.

https://www.univision.com/noticias/i...ma-de-justicia
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#2
06-10-2020, 10:24 AM
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Too many conservative judges, it’s not going to be favorable outcome
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#3
06-10-2020, 10:56 AM
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People here think cancellation of DACA automatically means we'll get a solution. Congress ain't gonna do shit for us, let alone the Trump admin.
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#4
06-10-2020, 11:22 AM
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Decision any day now
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"Dreamers should feel safe" -Trump
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#5
06-10-2020, 12:09 PM
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I can’t believe a rapist will decide our fate.
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#6
06-10-2020, 12:34 PM
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It's gonna be bad news, but the best news we can expect.
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Feel incredibly lucky and fortunate to have had DACA and to live in the US. Somtimes, I sit here and think about my incredible fortune.
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#7
06-10-2020, 12:50 PM
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Trump needs some sort of win before reelection. So he will end it quickly. Hopefully they will honor our remaining time on EAD.
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#8
06-10-2020, 01:01 PM
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Biden winning is our strongest hope at this point. The odds of that happening are higher by the day, if you've been diligent about your status your current EAD should expire well beyond Biden's inauguration day. Relax.
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#9
06-10-2020, 04:01 PM
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Quote:
Originally Posted by 2MoreYears View Post
Biden winning is our strongest hope at this point. The odds of that happening are higher by the day, if you've been diligent about your status your current EAD should expire well beyond Biden's inauguration day. Relax.
That's if Biden doesn't do another creepy Joe thing. He is really creepy. I hate listening to his voice and the way he talks. No charm. But apparently he is the only hope the Democrats has.
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#10
06-10-2020, 04:42 PM
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Pretty sure trump sure has sexually abused his daughter

With this being said, it looks like no matter scenario we are fucked.


The best outcome is Biden winning end undoing all the shit trump did
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I personally knew that if he wins he's not going to be touching DACA.
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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