Thousands of undocumented young people known as dreamers will be pending tomorrow, Tuesday, towards the Supreme Court, which will begin to hear arguments about the Deferred Action for Childhood Arrivals (DACA) program.
The highest court will have to decide in the coming months whether to endorse Donald Trump’s government’s decision to put an end to this plan, announced in June 2012 by then-President Barack Obama (2009-2017), or whether to extend its validity in favor of thousands of immigrants who were brought by their parents as children and do not have a visa.
U.S. Citizenship and Immigration Services (USCIS) data indicate that as of March 2017 some 787,580 undocumented youth had been accepted into the program. That figure stood at 425,760 beneficiaries by January 10, 2018 and April 30, 2019.
– WHAT GOES TO THE SUPREME COURT?
The Court will review three trials that encompass the numerous lawsuits that rained against the announcement made on September 5th, 2017 by then Attorney General Jeff Sessions about DACA ending beginning March 5th.
—FIRST LAWSUIT: THE DEPARTMENT OF NATIONAL SECURITY AGAINST THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
It is a process composed of five lawsuits filed separately in California, detailed on its website by the National Immigration Law Center (NILC).
Among the plaintiffs are Dulce García, Miriam González Ávila, Saúl Jiménez Suárez, Viridiana Chabolla Mendoza, Norma Ramírez and Jirayut Latthivongskorn, all DACA beneficiaries.
Also participating is the University of California system led by its president, Janet Napolitano. It was Napolitano, then Secretary of Homeland Security of the Obama government, who announced on June 15, 2012 the creation of this immigration relief plan.
The action is also supported by the states of California, Maine, Maryland and Minnesota, as well as the city of San Jose, Santa Clara County and the Service Employees International Union of the latter.
—SECOND LAWSUIT: TRUMP AGAINST THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF PEOPLE OF COLOR
This lawsuit covers the action filed on November 3, 2017 in federal court in Washington DC by Princeton University, student Maria De La Cruz Perales Sanchez and Microsoft, which has in its staff and that of its subsidiary, LinkedIn, some 45 “dreamers”.
It also includes the complaint filed on September 18, 2017 by the National Association for the Advancement of Colored People (NAACP), which was joined in October of that year by the American Federation of Teachers.
Also noteworthy among those linked to the complaint are the Department of Professional Employees, the International Union of Commercial Workers, the American Federation of Labor and the Congress of Industrial Organizations (AFL-CIO).
—THIRD LAWSUIT: MCALEENAN CONTRA VIDAL
According to the Yale Law School website, this lawsuit was originally filed by Martin Batalla Vidal, a young “dreamer” born in Mexico who was later joined by the pro-immigrant organization “Make the Road New York” and other beneficiaries.
The complaint is directed against a preliminary order issued by a federal court in Texas that sought to stop the expansion of DACA and the Deferred Action for Parents of American Legal Permanent Residents (DAPA).
Faced with the possibility that Trump would end this benefit to the “dreamers,” Batalla Vidal and “Make the Road New York” asked to amend their complaint to challenge this determination.
In September 2017, Antonio Alarcón, Eliana Fernández, Carlos Vargas, Mariano Mondragón and Carolina Fung Feng, five other individual plaintiffs residing in New York and also covered by this initiative, joined this action.
– WHAT ARE THEY ASKING FOR
The plaintiffs allege that DACA’s termination violates the Administrative Procedure Law, which, according to the Constitutional Accountability Center panel, prohibits an “arbitrary, capricious” action that abuses discretion or otherwise is not in accordance with the law, by a federal agency, and the Fifth Amendment to the Constitution.
– WHAT IS YOUR QUERY TO THE SUPREME?
Specifically, the plaintiffs expect the Supreme Court to decide whether the Department of Homeland Security’s (DHS) decision to terminate DACA is reviewable and whether it is legal.
– AND DO NOT STOP THE SUPPORTS
Different sectors, from education, business, and even local and state government, have also expressed their support for “dreamers” through “amicus curiae” or “friend of the court,” a legal figure that allows actors outside a trial or process to offer legal reasoning and considerations related to the facts of a case.
Among the signatories of “amicus curiae” are:
More than a hundred cities and counties in 30 states led by Los Angeles and the District of Columbia (Washington).
The National League of Cities, the U.S. Conference of Mayors, the International Association of Municipal Attorneys, and the International Association of City and Municipal Managers/Administration.
The U.S. Chamber of Commerce, the National Retail Federation, the Texas Business Association and numerous companies from various sectors.
Former officials such as former Secretaries of State Madeleine Albright and John Kerry.
Over a hundred universities and educational institutions of different levels.