Sanchez argument has started & counsel for TPS recipients is up. If you're listening there's a lot of talk about what the TPS statute says & if it meant to allow TPS recipients to adjust status based on certain words. It's important to remember what's at stake in human terms. /1
The TPS recipients in these consolidated cases have been in the U.S. for 20 years on TPS. Adjustment of status allows them to get green cards and stability in the country that is already their home. Of course, Congress could fix this by passing the #PromiseAct. /2
This issue has divided the courts of appeal below. The 3rd, 5th & 11th Circuits have determined that TPS recipients who originally entered w/o inspection cannot adjust status, while the U.S. Courts of Appeals for the 6th, 8th & 9th Circuits have held to the contrary. /3
That means the result in this case is huge for the TPS community. And, that is why it was a missed opportunity for President Biden's DOJ not to reverse position here & be consistent in the admin's support for TPS recipients who need security & a path to permanent legal status. /4
If you want to know more about the fight for #TPSJustice and how you can help, you should follow @TPS_Alliance, which is THE group of TPS recipients organizing and fighting for real solutions for folk with TPS. /5
Sanchez is not the only important #TPS case. The Ramos case is pending at the 9th circuit. This case challenged President Trump's efforts to end TPS for certain countries. This gives Biden another bite at the apple & a chance to take a position that stands w/ TPS recipients. /6
You can imagine the resolution in the Ramos case that ensures security for TPS holders and is in line with Biden's support for legislation to provide a path to permanent status for TPS holders. How cool would that be? A: very. /7
Required reading (or audio listening) on the Ramos case, it's fierce plaintiffs and what is at stake in how Biden responds. Here: nytimes.com/2021/04/07/mag… /8
And, I leave you with one urgent need for #TPS. President Biden must redesignate TPS for Haiti. To learn more about this critical issue and the situation in Haiti, follow @HaitianBridge /end
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Here's my Friday afternoon decoder ring for today's Refugee cap debacle. 🧵
First, these aren't numbers. Refugees are people fleeing persecution and in the last 4 years our country has shamefully turned its back on refugees. We need to #WelcomeWithDignity /1
Biden pledged to reverse the historically low levels of refugee admissions set by Trump. Trump set a shamefully low cap at 15,000 refugees. Biden pledged to set a humane number of 62,500 refugees this year. But he backtracked & today announced he would keep Trump's number. /2
This came after weeks of inaction by Biden & a failure to set the actual admissions number. This resulted in real harm to real people. Flights were cancelled & people who had been waiting for years in the refugee process had to start required processing checks anew. /3
Going to put some thoughts on the Texas v. U.S. hearing here. Nina Perales @MALDEF and the state of NJ, both representing #DACA recipients have already given brief remarks.
The Biden DOJ is speaking now and is discussing the Friday announcement that DHS would begin a rulemaking on #DACA and saying at minimum it will make substantive changes to the program.
First question from the Judge to DOJ: when is that rule making going to happen, anticipating that Texas will say "judge we have been waiting years for a decision."
Some Friday afternoon #DACA news. @TheJusticeDept just filed a notice before J. Hanen in the case brought by Texas challenging the legality of the DACA program. In that notice, DOJ says DHS intends to issue a Notice of Proposed Rulemaking proposing a new regulation on DACA /1
A status conference is set for March 30 @11 am CT in Houston where the parties will discuss what happens next. Just as a recap, the parties here are: Texas & other states trying to end the DACA program; @MALDEF & @NewJerseyOAG who have intervened to defend DACA & DOJ. /2
In a very welcome change, this will be the first time since this version of the case that DOJ will be defending #DACA. It's an important hearing to see what may come next in court. But we know that what needs to happen is for the Senate to pass #DREAM for a permanent solution. /3
So, lots of immigration policy news tonight, and unlike the bad days of the Trump administration, these announcements are worthy of a nuanced look. Here’s my two cents
🪙🪙 1/9:
First, it’s clear that the Biden team has smart, thoughtful people with deep expertise working on immigration policy. They understand that #immigration is not just a @DHSgov thing, and they’re willing to look at all facets of the issue in every agency 2/9.
Second, though folks like to say that Trump built an invisible wall, it was really more of an obstacle course. The goal, of course, was to make it impossible for anyone to come & stay here. Read Sarah Stillman’s excellent @newyorker piece for more 3/9: newyorker.com/magazine/2021/…
Here are my take aways from the the govt brief filed in the Batalla #DACA case now. As a recap, the Court ruled on Nov. 14 that the Wolf memo gutting DACA valid was issued without legal authority. The question in these briefs is what the court should require the govt to do. /1
THIS JUMPED OUT AT ME. 65,800 is the number of 1-year DACA grants and work permits issued since the unlawful Wolf memo. That's 65,800 people who got 1-year grants unlawfully and now should get 2-year grants /2
Also, the federal government agrees that the court should now set aside the Wolf memo & that relief should run nationwide to the class certified of all DACA recipients & DACA eligible individuals. AND, the federal govt agrees this means DACA should return to its 2012 version. /3
Sharing some highlights from today's decision in our Batalla case on this thread. 1) Court holds that @DHS_Wolf was not lawfully appointed as Secretary of DHS 2) That means the gutting of the DACA program by Wolf is invalid. 3) The court certified a nationwide class 1/
@DHS_Wolf What does this mean for current #DACA recipients and those eligible to apply?
--The memo making DACA renewals only 1 years instead of 2 years is invalid
--The memo saying that new applicants cannot apply for DACA is invalid
--Advance parole should be restored to 2012 terms
2/
It means that the court's order is NOT limited only to the named plaintiffs. Instead, the order applies to all people who are or will be eligible for DACA based on the terms of the program from 2012 (from the Obama Admin).
3/