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Federal Court Greenlights New DACA Challenge

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Federal Court Greenlights New DACA Challenge NEW YORK — Today, a federal court in Brooklyn approved a request from Make the Road New York and immigrant youth with Deferred Action for Childhood Arrivals (DACA) to sue the Trump administration over its newest attempt to end DACA. At a court hearing earlier today, plaintiffs in Batalla,

NEW YORK — Today, a federal court in Brooklyn approved a request from Make the Road New York and immigrant youth with Deferred Action for Childhood Arrivals (DACA) to sue the Trump administration over its newest attempt to end DACA.

At a court hearing earlier today, plaintiffs in Batalla Vidal v. Wolf explained that the U.S. Department of Homeland Security’s (DHS’s) July 28, 2020, memo, which drastically altered DACA, suffers from several legal and constitutional defects. Not only did the Trump administration once again sidestep the procedures required to take such an action, but it also stripped DACA applicants of their due process rights. Moreover, plaintiffs questioned the authority of Acting Homeland Security Secretary Chad Wolf to alter the DACA program in the first place, since he is not serving lawfully in his position.

The court granted the plaintiffs’ request to file an amended complaint challenging the new DACA memo in the coming weeks. The court also indicated that the parties should quickly move forward with an additional briefing and ordered the parties to come back to the court by next week with a proposed schedule. The court granted a similar request from 16 states and the District of Columbia.

“We applaud the judge’s decision to allow our amended complaint to challenge Trump’s latest reckless effort to end DACA,” said Javier H. Valdés, co-executive director of Make the Road New York. “The Trump administration’s refusal to comply with the Supreme Court decision and to fully restore DACA — places hundreds of thousands of immigrant youth at risk of deportation and denies new applicants an opportunity for temporary but life-altering relief. For the last three years, we have fought against Trump’s cruel attacks on undocumented youth, and we are ready to continue to fight tooth and nail to defend and protect immigrant youth and all immigrants.”

Batalla Vidal v. Wolf was the first legal challenge to President Trump’s 2017 termination of DACA. That case — in which the National Immigration Law Center (NILC), Make the Road New York (MRNY), and the Worker and Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School represent six DACA recipients and MRNY — culminated in a monumental victory at the U.S. Supreme Court in June, in which the Supreme Court held that the Trump administration violated federal law by improperly terminating DACA in 2017.

“The Trump administration’s newest attack on DACA is as unlawful as its first,” said Armando Ghinaglia, law student intern in the Worker and Immigrant Rights Advocacy Clinic at Yale Law School, who argued for the plaintiffs today in court and who himself has been a DACA recipient. “By issuing this memo so haphazardly, the Trump administration sidestepped its legal and constitutional obligations. Our plaintiffs won’t let that stand.

Under the July 28 DHS memo, U.S. Citizenship and Immigration Services (USCIS) will reject all first-time DACA applications. While USCIS will continue to process DACA renewal applications, renewals and work authorization will be granted only for one year at a time instead of for two years. While the per-application fee remains the same, the change effectively doubles the fee for DACA renewals.

“We’ve been fighting Trump’s unlawful attempts to dismantle DACA from the beginning, and our fight continues,” said Araceli Martínez-Olguín, supervising attorney at the National Immigration Law Center. “As Trump doubles down on his efforts to harm immigrant youth and immigrant communities, even in the middle of a public health and economic crisis, we remain steadfast to ensure that immigrant youth are secure here at home. We’ll keep fighting alongside our plaintiffs and communities to stop Trump’s harmful, divisive, and hateful actions.”

Over the past eight years, more than 700,000 immigrant youth have been able to use DACA to work, attend school, better support their families, and make even greater contributions to their communities. As a result of the Trump administration’s unlawful attacks on DACA, an estimated 300,000 eligible immigrant youth have been denied the opportunity to apply for it.

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Source: Federal Court Greenlights New DACA Challenge

FOR IMMEDIATE RELEASE
August 13, 2020

CONTACT
– Juan Gastelum, National Immigration Law Center (NILC), 213-375-3149, media@nilc.org
– Yatziri Tovar, Make the Road New York (MRNY), 917-771-2818, yatziri.tovar@maketheroadny.org
– Ramis Wadood, Worker and Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School, 203-432-4800, ramis.wadood@ylsclinics.org

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Biden administration tries to tackle large backlog in asylum cases

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According to this article on Fox 43, by Claire Bermudez

“The Biden administration is reportedly moving forward with a plan to shift where asylum cases are handled, in an effort to tackle a sizeable backlog in applications.

The plan, as NPR reports, would try to speed up processing by allowing officials at the Department of Homeland Security to rule on claims without sending them to immigration court, where it would be ultimately up to immigration judges.”

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32 Children Who Were Deported To Guatemala Last Year In Violation Of A Court Order Have Yet To Be Brought Back

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According to this article on BuzzFeed News, by Hamed Aleaziz

“Thirty-two unaccompanied immigrant children who were deported to Guatemala despite a judge’s order have yet to be brought back to the US to apply for asylum, six months after the government admitted it was in the wrong. Now, immigration advocates are ramping up pressure on the Biden administration to speed up the process.

“It has been months since these children were expelled in violation of a court order and we need answers immediately,” said Lee Gelernt, an attorney with the ACLU who led the lawsuit challenging the Trump-era policy. “The children need to be given a chance to speak to us as counsel and the option to return to the US if they choose.””

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Biden administration to resume fast-track deportation procedure for migrant families

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According to this article on WDJT-TV, by CNN

“(CNN) — The Biden administration is planning to speed up deportations for some migrant families who cross the US-Mexico border, the Department of Homeland Security said Monday.

Certain families will now be subject to the fast-track deportation procedure known as “expedited removal,” which allows immigration authorities to remove an individual without a hearing before an immigration judge. The procedure will apply to families who are not swiftly expelled under a pandemic-related border policy.

It’s the latest indication of the Biden administration’s wariness over migrants, including those seeking asylum, journeying to the US southern border. Asked about Vice President Kamala Harris’ “don’t come” message to migrants, President Joe Biden reiterated that “they should not come” during a CNN town hall last week, adding that the administration is trying to tackle the root causes of migration.”

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