Page 25 - Sonoma County Gazette October 2018

JUSTICE cont’d from page 24
Brownsville, Texas where there is only one judge -- the same one who struck down DAPA. The judge has expressed the possibility that he may invalidate DACA, thereby closing down that law nationwide. Since other Courts have found DACA constitutional, this issue will likely be resolved by the Supreme Court; if it votes to terminate the law, that would deprive 800,000 young people of their temporary legal status and expose them to deportation.
Another key subject before the courts is California’s sanctuary law.
The Ninth Circuit Court of Appeals has rejected Trump’s challenges to those laws; that case will probably be decided by the Supreme Court. If our sanctuary laws are struck down, we could return to the days when our undocumented immigrants were turned over to ICE for deportation after traffic violations and other misdemeanors.
Another legal issue headed for the courts: the U.S. Department of Homeland Security just announced measures to punish immigrants otherwise eligible for a green card if anyone in their immediate family ever received certain government assistance. Despite Trump’s statements to the contrary, our laws have always prohibited undocumented immigrants from getting food stamps, social security or Medicaid. But the U.S. citizen children of such immigrants are eligible.
This comes up when a person marries a U.S. citizen and navigates the lengthy process to obtain permanent residence. Immigrants applying for residence have always had to show that they were not dependent on the government
or likely to become so. They have to present a sworn affidavit from relatives promising to support them economically with documentation showing their financial ability to do so.
Under this new Trump law, the immigrant can be denied a green card if at some point during their lives in the U.S. their U.S. citizen children or spouse legally received government assistance.
Attorney General Jeff Sessions has also issued a series of administrative orders intended to limit the opportunities for immigrants to obtain legal status. These have ranged from redefining asylum to exclude many victims of domestic violence to limiting a Court’s discretion to close deportation cases when an immigrant is married to a U.S. citizen or otherwise entitled to permanent residence.
Sessions also appears to be considering a change in a law that requires
the government to release from custody asylum applicants – including families -- who have proven to an asylum officer that they have a credible fear of persecution in their home country. His order permitting these asylum applicants to be held indefinitely is expected later this fall.
Many of these Trump initiatives are being challenged in court and will likely end up on the Supreme Court’s docket.
This nominee will be the deciding vote
So, if you think the current debate over the Supreme Court nominee doesn’t concern immigrants, think again.
It’s likely that the future of DACA, our state’s sanctuary laws and many of these Trump Administration efforts to limit legal immigration will be decided by the U.S. Supreme Court. If that happens, the vote of one justice will probably make the difference. Since the court is evenly split 4-4 on many critical issues, the new justice will likely be the deciding vote. That Justice could be Trump’s nominee, Brett Kavanaugh who has a record of ruling against immigrants.
This is yet another reason why this person should NOT be on the highest court in the land.
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