DACA

Berkley Students Planning Fraudulent Course to Circument ICE Rules, Avoid Deportation

Hundreds of students at the University of California -- Berkeley are privately discussing a plan to create a "dummy" course solely to help international students on F-1 student visas avoid deportation under new U.S. Immigration and Customs Enforcement  (ICE) regulations -- and they say at least one faculty member is on board, Fox News has learned. . .

Supreme Court Protects Obama's Illegal Amnesty

The Supreme Court Blocks Trump's Bid to Immediately End DACA

The Trump administration failed to follow the law when it tried to rescind DACA, then-President Barack Obama’s program that temporarily shielded young people who came to the United States illegally from being deported, the Supreme Court ruled. . .

Dreamers Arrested in Protest "Were There to Help Those Who Were There to Commit Crime and Damage."

Illegal immigrants protected by an Obama-era amnesty for adults who came to the U.S. as children are among the rioters arrested and charged with crimes in Arizona. One of them, 30-year-old Mexican illegal alien Maxima Guerrero, is a community organizer with a Phoenix-based grassroots migrant justice organization called Puente Movement. She has been shielded from deportation under Obama’s controversial program known as Deferred Action for Childhood Arrivals (DACA) since 2013. The former president issued the DACA executive order after Congress repeatedly rejected legislation offering illegal immigrants similar protections. . .

AP Laments Deportation of Illegal Alien Minors, Misses Reports of Illegal Alien Thugs

 
AP Laments Deportation of Illegal-alien Minors, Misses Reports of Illegal-alien Thugs
 

Yesterday’s account from the Associated Press about the “expulsion” of illegal-alien minors raises more questions than it answers, not least why a purportedly neutral news agency didn’t include a few examples of illegals who should be immediately “expelled.”. .

 

Good News from the Immigration Reform Law Institute

Alert date: 
March 7, 2019
Alert body: 

Finally, the 11th circuit court accurately defined what a so called "DACA" recipient really is - an ILLEGAL ALIEN!

Read the IRLI Press Release.


 

Eleventh Circuit Rules DACA Recipients are Illegal Aliens

WASHINGTON - Today the Eleventh Circuit Court of Appeals issued the first opinion by a federal circuit court classifying Deferred Action for Childhood Arrivals (DACA) recipients as illegal aliens. The court’s opinion, which closely tracks a friend-of-the-court brief that the Immigration Reform Law Institute (IRLI) had filed in the case, makes clear that DACA recipients are “inadmissible and thus removable” under federal law. According to the Court, their deportation has merely been “reprieved” by an Obama-era policy that “encouraged” government officials to “exercise prosecutorial discretion and focus on higher-priority cases.”

In 2016, several DACA recipients sued the Georgia higher education system, which bars aliens who are not “lawfully present” from enrolling in selective state colleges and universities, even if they otherwise qualify for admission. The students argued that they were lawfully present under federal law, which preempted state law. They also claimed that the admissions bar violated their right to equal protection, as Georgia treats aliens who are paroled into the U.S. or granted asylum as lawfully present.

The Eleventh Circuit rejected all of the students’ claims. In its brief to the court, IRLI had exhaustively shown that DACA recipients do not have “lawful presence” as defined anywhere in the Immigration and Nationality Act. The court agreed, finding that Georgia’s determination that they lacked lawful presence tracked federal law. And because the court held that DACA recipients are not lawfully present, but are illegal aliens, it did not apply “strict scrutiny” to Georgia’s admissions policy under the Equal Protection Clause of the Constitution. Instead, the court upheld the policy as rationally related to a legitimate state interest.

“This is an important decision,” said Dale L. Wilcox, executive director and general counsel of IRLI. “On many fronts, open borders legal groups have been using DACA recipients to try to blur the distinctions between citizen and noncitizen and between legal aliens and illegal aliens. In blurring those distinctions, they blur the very border of our country, and begin rubbing out the notion that the United States is fully a sovereign nation. Today’s decision is a major check on that effort, and I expect it will reverberate across the national legal landscape.”

The case is Estrada v. Becker, No. 17-12668 (Eleventh Circuit).


 

Trump Administration Returns To Supreme Court, Seeking End To DACA

The Trump administration asked the U.S. Supreme Court to review its decision to rescind the Obama-era DACA program Tuesday night.

The request is unusual, because legal challenges to DACA’s termination are still underway in the lower courts.

The Justice Department said the Court must act now to resolve the dispute this term, but left-leaning civil rights groups called the petition a political student ahead of Tuesday’s election. 

The Trump administration returned to the U.S. Supreme Court Monday night seeking to end the Deferred Action for Childhood Arrivals (DACA) program, an Obama-era amnesty initiative that extends protected status to illegal aliens brought to the U.S. as children.

The move is aggressive and unusual, as decisions on Trump’s efforts to rescind DACA are still pending in several federal appeals courts, and the justices seldom take up cases before those judgments issue. But the U.S. Department of Justice told the Supreme Court Monday that action is needed in the near term.

The Trump administration previously sought the Supreme Court’s review of its efforts to phase out DACA. After two federal judges issued injunctions requiring the government to continue administering the program, the Justice Department bypassed normal appellate procedure and went directly to the Supreme Court on Jan. 18 to vindicate its right to terminate the program.

The justices rejected that request on Feb. 26, but asked the 9th U.S. Circuit Court of Appeals to quickly process the case so it could return to the high court in a reasonable timeframe. Other challenges to DACA repeal efforts are currently before appeals courts in New York and Washington, D.C.

“It is assumed that the Court of Appeals will proceed expeditiously to decide this case,” the Supreme Court’s February order read. No decision has since come from the circuit courts.

In a letter attending the government’s petition, Solicitor General Noel Francisco explained that the high court should take the cases now — even though the appeals courts have yet to render decisions on the matter — to ensure the justices can resolve the dispute during the current term.

“As this Court’s previous order recognized, prompt consideration of these cases is essential,” the letter reads. “By virtue of the district courts’ orders, DHS is being required to maintain a discretionary policy of non-enforcement sanctioning an ongoing violation of federal law by more than half a million individuals.”

“Yet, absent prompt intervention from this Court, there is little chance this dispute will be resolved for at least another year,” the letter adds.

On the merits of the dispute, the Trump administration contends that its decision to terminate DACA cannot be reviewed in court, since the program exists entirely at the executive branch’s discretion. Even if its termination decision is reviewable, they continue, it is still reasonable and lawful.

The Leadership Conference on Civil and Human Rights denounced the move as an “election eve stunt.”

“The day before an election that will have huge implications for this administration, Attorney General Jeff Sessions and his Department have shamelessly asked the Supreme Court to bypass the appellate courts in their quest to end DACA,” said Vanita Gupta, president of the Leadership Conference. “This administration is in a rush to pull the rug out from under Dreamers and subject them to deportation. This extraordinary move is blatantly cruel to immigrant youth who call this country their home and contribute to their communities.”

“The Supreme Court must reject this politically motivated and unnecessary request,” she added.

But Sessions said that the 9th Circuit left the administration with little choice.

“The Department of Justice should not have been forced to make this filing today — the 9th Circuit should have acted expeditiously, just as the Supreme Court expected them to do,” the AG said Monday night. “But we will not hesitate to defend the constitutional system of checks and balances vigorously and resolutely.”

DACA extends temporary legal status to approximately 700,000 migrants, and allows them to obtain work permits.

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Congressmen Bat Down MALDEF

WASHINGTON – Last Friday, three Congressmen � Congressman Steve King of IIowa, and Congressmen Andy Biggs and Paul A. Gosar, both of Arizona – filed a friend-of-the-court brief in the U.S. District Court for the Southern District of Texas, which is hearing a case brought by Texas and seven other states and two governors to have the Deferred Action for Childhood Arrivals (DACA) program declared unconstitutional. The Congressmen are represented in this effort by the Immigration Reform Law Institute (IRLI), which drafted the brief.

At issue is a motion to dismiss the case made by a group of Mexican nationals and others represented by the Mexican-American Education & Legal Defense Fund (MALDEF), an open-borders activist group. MALDEF’s clients were allowed to intervene in the case because the defendants, the United States and federal officials, agree with the plaintiffs that DACA is unconstitutional.

Now MALDEF claims the case should not go forward at all. Its main argument is that federal district courts in other parts of the country have blocked the Trump Administration’s rescission of DACA, and thus DACA cannot be struck down by the court in this case. As IRLI points out in its brief, however, whether DACA can be rescinded is a separate question from whether it was unconstitutional to begin with.  If it were unconstitutional to begin with, blocking its rescission would not reinstate it, but rather reinstate the last lawful state of affairs � that is, the situation pre-DACA.>

“It’s clear why MALDEF, with its open-borders agenda, wants this suit to go away,” commented Dale L. Wilcox, executive director and general counsel of IRLI. “A victory here for Texas probably would be upheld by the Supreme Court, and DACA would be no more, rescission or no rescission. To try to stop that they’ll make any argument, even the mind-bending claim that, because a ruling by this court that DACA has never been lawful would change the effect of other courts’ rescission rulings, this court can’t take that step.”

The case is being heard by U.S. District Judge Andrew S. Hanen. In 2015, Judge Hanen struck down the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program, which would have granted amnesty to 4 million illegal aliens and included an expanded version of DACA. Both the U.S. Court of Appeals for the Fifth Circuit and (in a 4-4 ruling) the U.S. Supreme Court upheld Judge Hanen’s DAPA decision.

The case is Texas v. United States, No. 1:18-cv-0068 (S.D. Tex.).

For additional information, contact: Brian Lonergan � 202-232-5590 � blonergan@irli.org

Four Reasons Why Separating Border Children Is the Only Humane Choice

This so-called “migrant child separation crisis” is as phony and manufactured as the Russian collusion hoax, a ginned up controversy fabricated by the media to blot out President Trump’s success with North Korea, a booming economy, and to distract from the nuclear fallout that came via the Inspector General report on our disgraced FBI, including this week’s devastating congressional hearings.

This narrative is not only phony, it is also dumb, indecent, and inhumane.

First off, the policy of separating illegal border crossers from minor children has been going on forever. The media are just mad because Trump is enforcing the law, is refusing to “catch and release” illegals into our country, where most disappear never to be seen or heard from again (I explain why here).

You see, that is something the media refuse to tell you, that is something the media dare not allow the American public to grasp — that the only way to “keep the family together” is to release them into our country....

There is simply no other way to “keep families together” other than to release them.

Because of loopholes in the law that make it impossible to hold children for more than 20 days, a finite amount of resources from congress (there are no facilities to hold legitimate illegal families together), and the fact that many of these children are being used by sex traffickers and drug dealers as a free pass into America (meaning, we need to separate families to ensure the child is not being exploited), those are the only options Trump has…

He can either separate families or he can release them into America. That impossible choice is the most important piece of news the media are covering up.

Before I begin, let me first make a crucial distinction between legitimate asylum seekers and lawbreakers — another important point the media are intentionally muddying up.

Those families seeking asylum through legitimate means are not being separated by the Trump administration, and they should not be separated. People who follow the rules should be treated like people who follow the rules. And those seeking asylum for legitimate reasons should be granted asylum. God bless these families, and welcome to America. Same with legal immigrants. I am married to one. So thank God for legal immigration because she’s awesome.

But here are four reasons why separating children at the border is the ONLY humane choice…

 

  1. Abusive Parents

If any American citizen force-marched their minor child through miles and miles of dangerous desert with the intent of committing a crime, the government would (and should) take our child away....

 

  1. We Must Separate Children From Sex Traffickers and Criminals

Because of the loopholes in the law, because of stupid and inhumane policies like “catch and release,” the American media and left have turned innocent children into a golden ticket into America for monstrous criminals.

This encouragement has resulted in untold numbers of criminals using children (who are not their own) to disguise themselves as part of a family unit....

 

  1. ‘Keeping Families Together’ Encourages Sex Trafficking

...

 

  1. America Citizens Cannot Be Forgotten

Again — and I cannot stress this enough — Trump has only two choices: he can either separate families, or he can “keep families together” by letting them loose into America.

There is no third option....

In the three points above, I detailed why separating these families is the only humane option for the migrant children....

All because the Democrats and their media allies want more voters (how this works is laid out here)....

The media have intentionally turned the moral world upside down, have gaslighted too many into believing the monstrous policy of “keeping families together,” which only means one thing — setting illegal aliens loose into America, is a virtue as opposed to what it really is: an act of naked evil that encourages child abuse, sexual abuse, sex trafficking, and punishes the already-struggling working class.

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