Page 25 - Sonoma County Gazette July 2020

IMMIGRANT cont’d from page 22
• FREE & Sliding Scale CHILD CARE for eligible families
• FREE Child Care REFERRALS for all income levels
• LOW COST Car Seats
• COUNSELING for Children
& Families
• EMERGENCY RESOURCES
• Escala gratuita y escalonada CUIDADO INFANTIL para familias elegibles
• REFERENCIAS GRATUITAS de Cuidado de Niños para todos los niveles de ingresos
• Asientos de coches de BAJO COSTO
• CONSEJERÍA para Niños y Familias
Earlier in 2018, the Administration asked the U.S. Supreme Court to expedite its review of these rulings but the Supreme Court refused. In the meantime, the San Francisco judge’s decision was appealed to the Ninth Circuit Court of Appeals, which ruled against Trump.
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Two other circuit courts – in New York and the District of Columbia—have also ruled against the Trump Administration, issuing similar orders requiring the program to remain open.
Technically what the Supreme Court has done is send back the case to the lower courts for further proceedings on the legality of DACA. The Trump Administration does have a legal right to try again to justify the termination of DACA.
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In reality, the program’s fate will probably rest on the election and future legislation (See below).
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What about DACA legislation?
Last year, the House of Representatives passed the Dream and Promise Act, H.R. 6, by a vote of 237-187, pretty much along party lines. This bill, which would have given DACA recipients a path to residence, was never considered in the Senate. Senate Majority Leader Mitch McConnell refused to let it come to a vote.
What about DAPA?
Interestingly, the Supreme Court’s decision could have implications for the termination of the DAPA program by a lower court in 2015. DAPA would have allowed approximately 5 million parents of children born here to get status,
a work permit and a reprieve from deportation. While Trump is unlikely to revive DAPA, Joe Biden might now do so if he wins, and this Court decision might mean that it would survive court challenge – unlike the last time.
WARNING: The article above is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.
Perhaps after the election, we will see a legislative solution for DACA recipients.
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