Tag: DACA

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Updates

Latest Court Ruling Orders USCIS to Accept New DACA Applications

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After President Trump announced the termination of the Deferred Action for Childhood Arrivals (DACA) on September 5, 2017, several lawsuits were filed questioning the validity of the termination. Two court injunctions were already issued by the federal courts in San Francisco and New York ordering the USCIS to continue accepting renewals for the DACA protection. On April 26, 2018, another federal court in the District Court of Columbia also issued an injunction against the termination of the DACA program. With the latest injunction the court ordered USCIS to also accept new DACA applications.

Who will benefit from this latest court ruling?

Joshua entered the United States when he was 7 years old. When the DACA was announced in 2012, Joshua was only 10 years old. When Joshua turned 15 in December 2017, he was not allowed to apply for a DACA application. No new DACA applications were accepted after the announcement of the termination of the DACA protection in September 2017. This is the reason why Joshua has not applied for the DACA protection. Last week, Joshua heard about this new court ruling and wants to apply for the DACA protection and for an employment authorization card. What can he do?

Requirements for DACA

DACA was available to any undocumented young immigrant who:

  1. came to the United States when she was under the age of sixteen;
  2. had lived in the United States continuously since at least June 15, 2007;
  3. was enrolled in school or had graduated from high school or been honorably discharged from the military;
  4. had not been convicted of certain criminal offenses and posed no threat to national security or public safety; and
  5. was under the age of thirty. Young immigrants who are out of status, who met these criteria were eligible for renewable, two-year grants of “deferred action” on their removal from the United States.

Termination of DACA and the Lawsuits

On September 5, 2017, then-Acting Secretary of Homeland Security Elaine C. Duke issued a five-page memorandum rescinding DACA program. USCIS would adjudicate any properly filed DACA applications that were pending as of September 5, 2017, as well as any new applications for the renewal of DACA benefits that were filed on or before October 5, 2017 by persons whose benefits were set to expire on or before March 5, 2018.

On September 8, 2017, the University of California filed a complaint challenging the rescission of the DACA program and asking the court to enjoin the implementation of the rescission. On January 9, 2018, the district court issued an order directing the government to partially maintain the DACA program. As a result, the USCIS issued guidance that they are accepting renewal applications.

On April 24, 2018, the U.S. District Court for the District of Columbia held that DHS’s decision to rescind DACA was “arbitrary and capricious” and vacated the termination of the program. The court ordered DHS to accept and process new DACA applications, as well as renewal DACA applications – however, it stayed its order for 90 days to give the government a chance to respond. The decision of the court differed from previous court rulings because it would affect new applications – i.e. initial applications from individuals who have never applied for DACA previously but who are eligible to apply.

After 90 days, Joshua will be able to file for a new DACA application as per order of the U.S. District Court by proving that he meets all the above eligibility requirements. While this is a positive development, DACA is only a temporary program and its future is very uncertain. It would be best if there will be a permanent path to citizenship for the Dreamers. At the moment, there are several bills before the U.S. Congress addressing this issue. The most appropriate bill that must be passed into law is the Dream Act (HR 3440 and S.1615). If passed into law, it will provide a path to naturalization to Dreamers after 5 years in conditional permanent resident status.

(Atty. Lourdes S. Tancinco is a San Francisco-based immigration lawyer and immigrant’s rights advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

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Updates

9 Frequently Asked Questions on DACA Renewals

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Last week a Federal District Court Judge in San Francisco issued a nationwide injunction that temporarily blocks the phase-out of a program protecting the Dreamers. The preliminary injunction issued on January 9, 2018 by U.S. District Judge William Alsup remains in effect during litigation in five consolidated lawsuits that challenge the government’s decision to wind down the program known as Deferred Action for Childhood Arrivals (DACA). The following are frequently asked questions about this injunction:

1.What is the impact of this injunction on the DACA program?

The preliminary injunction order means that the DACA program will be maintained temporarily during the litigation on the same terms and conditions as were in effect before the rescission on September 5, 2017. Also, certain DACA beneficiaries will be able renew their work permits and protections with a few exceptions.

2. Who can renew their DACA protection and work permits?

Dreamers who currently have DACA and are eligible to renew may request renewal by filing Form I-821D, Form I-765, and Form I765 Worksheet, with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the form instructions.

3. Can Dreamers with expired DACA beginning September 5, 2016 until Sept 5, 2017 apply for renewal?

When the DACA was terminated on September 5, 2017, the DACA protection that were then expiring were only given until October 5, 2017 to renew. Significant number of these DACA recipients failed to renew. With this injunction order, USCIS issued a guidance clearly stating that they may now renew their DACA work permits and protection.

4. Can Dreamers whose DACA expired before September 5, 2016 still apply for renewal?

No. Those whose DACA protection and work permit expired BEFORE September 5, 2016 may not renew. However, they will be allowed to re-file a new DACA application under the USCIS guidance.

5. What about Dreamers whose DACA protection and work permit was terminated by the USCIS, can they now file for renewal?

No. But like in #4 question, they will be allowed to re-file a new DACA application. USCIS asks applications to list down the date their prior DACA was terminated.

6. How soon can the Dreamers apply for the DACA renewal ?

Dreamers who are eligible for renewal must file as soon as possible given the fact that the injunction is temporary in nature. Under the instructions for Form I-821D and the DACA FAQs on USCIS’s website, applicants were instructed to file for renewal 150 to 120 days in advance of the expiration of their current DACA grant. It is not yet clear from USCIS if they will reject those filed more than 150 days given that the injunction order is only temporary in nature and ancillary to the litigation is pending. Once there is clarification, we will inform readers of future developments.

7. What about DACA beneficiaries who wants to apply for the first time, will they be permitted to file their application now?

The USCIS guidance clearly indicates that those who have not filed DACA applications in the past may not file for new applications now. This means that the injunction order extends only to those who had prior grant of DACA and whose DACA work permit and protection expired or were terminated.

8. Will DACA beneficiaries be able to apply for advance parole?

The injunction order does not cover advance parole and USCIS is not ordered to adjudicate any advance parole. Hence, USCIS will not accept applications for advance parole from DACA beneficiaries.

9. Given that the court injunction is only temporary in nature, is there a possibility that the DACA program will become law anytime soon?

President Trump met with lawmakers last week to discuss about the future of DACA and other immigration issues. There seemed to be no agreement made on the future of the DACA program. There is currently a political pressure to include DACA as a legislation into the spending bill which hopefully will happen before January 18, 2018.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw,  or 1 888 930 0808)

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Updates

YOU’RE INVITED: Bayani 2.0 Speakers Forum: Discussion on DACA

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Atty. Lou Tancinco will be the featured speaker in this forum organized by the Philippine Consulate General. The forum is tomorrow, Friday, 15 September 2017, at 3:00 p.m. at the Philippine Folklife Museum, 447 Sutter Street, 5th Floor, San Francisco.

Bayani 2.0 Speakers Forum: Discussion on DACA

In aid of our kababayans, please help in disseminating information that DACA and EAD (Employment Authorization Document) permits that will be expiring in March 2018 needs to be renewed by 05 October 2017.

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Updates

What DACA Recipients Should Know Now And The Rights They Have

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On September 5, 2017, the current Trump administration rescinded the program created in 2012 by former President Obama. According to the Migration Policy Institute, there are 22,000 young Filipino unauthorized children who are eligible for DACA but only 27 percent, or nearly 6,000, applied for it with the U.S. Citizenship and Immigration Services.

Not too many Filipinos filed for DACA compared with other minority immigrant population due to several factors, including fear of deportation and hesitation to submit critical information to the U.S. Department of Homeland Security. Most also are apprehensive about possible repercussions on their undocumented parents.

The term “deferred action” in immigration law context refers to the discretionary act, through the recommendation of the Department of Homeland Security, not to prosecute or deport a noncitizen. It is an administrative choice to give some cases lower priority and is not an entitlement. So if deferred action no longer exists for the DACA recipients, they will lose their protection from removal/deportation.

The way DACA was rescinded came with three fundamental elements: first, there is a 6-month period before actual termination to allow certain DACA recipients to renew the their employment authorization for another 2 years or until 2019; secondly, the renewal period is only one month, with October 5, 2017 as the deadline to file for DACA renewal; lastly, although DACA recipients are low in priority for deportation it is not a guarantee that they will not be put in removal proceedings.

For these reasons, the following tips are for all DACA recipients:

5 Things to Know About DACA Now

1. If You Do Not Have DACA or a DACA Application Pending.

DACA program has been terminated beginning September 5, 2017 and new applications are no longer being accepted by USCIS.

2. If You Have DACA That Expires on or Before March 5, 2018.

If you have DACA and a work permit that expires on or before March 5, 2018, you can apply for a 2-year renewal, but your application must be received on or before October 5, 2017.

3. If You Have DACA That Expires After March 5, 2018.

There is only a 6-month window provided from September 5, 2017 to March 5, 2018. If your DACA and work permit expire after March 5, 2018, you are no longer eligible for an extension. This means that your DACA, work authorization, and protection from deportation will expire on the date shown on your DACA approval notice and work permit.

4. If You Have a DACA Application Pending.

Before the announcement on September 5, 2017, there are certain DACA applications that were filed for extensions. If you have a DACA application that was received at USCIS on or before September 5, 2017, your application will continue to be processed.

5. If You Have DACA and a Valid Advance Parole Travel Document.

Although there are advance paroles that are still valid for travel, given the recent rescission, DACA recipients should desist from traveling unless it is for urgent reason. The Customs and Border Protection (CBP) agents may still refuse entry to you at their discretion.

xxx

5 Tips on What Not To Do

1.Do not lose hope.

While you are not American at birth, you are very much an American in heart and mind by assimilation. You have a lot to give to this country, so hang in there as compassionate members of your community support and work hard to advocate for your protection before the U.S Congress.

2. Do not get yourself in trouble with the law.

Remember, do not commit any unlawful act that will give ICE the opportunity to use it against you. Stay out of trouble, as you always do.

3. Do not give up on other options.

Explore other legal options that may be applicable to you. Who knows, there might be an available family or employment petition that you may be eligible for. Talk to a professional legal counsel.

4. Do not be too trusting.

Do not divulge personal information about your DACA case to people you don’t know.

Talk only to people you trust. Since you are vulnerable at this point, there may be people who are tempted to take advantage of you. Be careful on who you trust.

5. Do not give up your rights.

Understand your rights, and know how to assert them when ICE comes knocking at your door. Even if you are without legal authorization, you still have rights under the law.

xxx

5 Tips In Case of ICE Arrest

DACA applications submitted to U.S. Department of Homeland Security contain personal information that may be used against the applicants if this information is submitted to ICE for enforcement. Although, the Trump administration stated that DACA recipients are low in priority for enforcement, an understanding of one’s rights during an encounter with an ICE agent is important. The following are tips about the of DACA recipients and how they can protect themselves.

1. Right to Privacy: Do Not Open Your Doors

ICE cannot enter your home without a warrant signed by a judge. Ask the ICE agent to slide the signed warrant under the door. Without a properly signed warrant, you should not allow them inside your home.

2. Right to Remain Silent

Tell the ICE agent that you are exercising this right: “I am exercising my fifth amendment right and choose to remain silent until I speak to my attorney.”

3. Right to Counsel

Do not sign any document without first speaking to an attorney.

4. Right to Contact Your Consulate

While DACA recipients have no contact with their homeland, consulates of countries of their birth, like Philippine Consulates, may be able provide assistance in limited ways.

5. Right to a Hearing

In case ICE apprehends and detains you, you have a due process right to a hearing and you should not to be immediately returned to your country of birth. Call your legal counsel.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She is the principal at the Tancinco Law Offices and may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

*This article originally appeared in Positively Filipino Magazine. 

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Updates

End of DACA puts at risk up to 6,000 young Filipino recipients

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There are approximately 22,000 young Filipino immigrants who are eligible to apply for benefits under the Deferred Action for Childhood Arrivals. Only 27 percent of those eligible applied, or approximately 6,000. The rest of these young Filipino immigrants continue to wait for permanent solution to their status. With the announcement that President Donald Trump is ending the DACA program will those who took advantage of the DACA program be arrested and eventually be deported?

Unfortunately, those who are just in the process of filing their DACA applications for the first time, will no longer be able to do so. This will affect those who just became eligible to apply for DACA and those who took time or postponed the filing of their DACA applications despite the fact that they were eligible. After September 5, 2017, USCIS will no longer accept new DACA applications.

Future of DACA recipients

There is a short window afforded to existing DACA recipients to renew their expiring DACA employment authorization documents (EAD) if these EADs are expiring between September 5, 2017 and March 5, 2018. The request for renewal and application for employment authorization document must be received by U.S. Citizenship and Immigration Services no later than October 5, 2017. This is an important deadline because USCIS will reject all requests to renew ACA and associated applications for EADs filed after October 5, 2017.

Once the application for renewal is adjudicated, USCIS is expected to renew it for another two year period or until 2019. Unfortunately, for those whose DACA benefits are expiring after March 5, 2018, once their employment authorization document expires, USCIS will no longer be able to accept and adjudicate their applications for renewal. This means that beginning March 6, 2018, there will be DACA recipients who will be deprived of their protected status and will be reverted to their unlawful status.

Will DACA recipients be deported?

It was clearly mentioned during the announcement by Attorney General Jeff Sessions that the DACA recipients are not considered priority for enforcement. While this may sound favorable, there is no guarantee that ICE will not issue Notices to Appear for removal hearings. The USCIS confirmed that it will not share information obtained through DACA applications with the ICE agents. However, it is important to note that unless ICE is requesting that information based on certain factors like national security, public safety and fraud, the information may still be shared for enforcement. It will still be best for this DACA recipients to be vigilant about their situation and to be familiar with their rights especially their rights to a hearing and their right to counsel.

Congressional action

Terminating the DACA program within 6 months will afford the U.S. Congress time to enact a law benefitting the DACA recipients. At present there are two bills pending, the Dream Act (S.1615) before the Senate and the American Hope Act (H.R.3591) before the House of Representatives.

If these bills are passed into law, it will provide permanent solutions to protect DACA recipients and give them a pathway to lawful status. These young immigrants will have to take steps to ensure that they are safe from removal.

We also encourage compassionate members of our community, who believe that DACA recipients deserve a chance to build their lives in the country they call home, to work together towards the passage of the Dream Act by contacting their representatives in Congress.

(Atty. Lourdes S. Tancinco is a San Francisco based immigration lawyer and immigrant’s right advocate. She may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

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Updates

DACA Dreamers win support from US solons, mayors

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SAN FRANCISCO — More than 750,000 DACA (Deferred Action for Childhood Arrivals) applicants have acquired approved employment authorization documents and are temporarily protected from removal.

But as of June 30, 2016, the U.S. Citizenship and Immigration Services reports that 7,941 approved DACA applications are from Filipino nationals who are now at risk of being deported if the Trump administration takes immediate action to revoke the DACA program.

“Jose” entered the United States when he was five years old. He does not remember the details of his family’s entry to the United States. He was not even aware that he was unlawfully in the U.S. until he applied for his driver’s license when he was 16 years old. He is now 25 years old and availed of the DACA program. When he applied for a job as a computer engineer in Silicon Valley, he was hired right away and has now been working for three years.

Realizing that President-elect Trump may take action on DACA after inauguration, he asked me about the risk of losing his employment authorization document and his state identification card. He was very emotional as he expressed his fear: “I do not want to be back to a situation where I have no legal document at all. Please tell me that they are not taking away my employment permit and IDs.”

At the present time, there is no definite response to Jose’s question. Although President-elect Trump seems to have softened his stance on young undocumented immigrants in one of his public interviews, there are no indications that he will continue the DACA program of his predecessor.

On the other hand, the DACA population’s supporters are increasing nationwide. Before the end of the Congressional sessions this month, a bipartisan bill called “Bar Removal of Immigrants who Dream and Grow the Economy” or BRIDGE Act was introduced by Senators Lindsey Graham (R-South Carolina) and Dick Durbin (D-Illinois).

This bill would allow eligible individuals the chance to apply for “provisional protected present,” which is a temporary protection from deportation similar to that provided by DACA. As part of the temporary protection, employment authorization will be issued to the applicants. The policy behind BRIDGE Act is to protect the investment that American communities have made in educating these young undocumented immigrants who were brought to the United States at a young age and who are currently eligible for Deferred Action for Childhood Arrivals (DACA).

Aside from proposed bipartisan BRIDGE Act, 14 mayors joined Chicago Mayor Rahm Emanuel last week in a letter to President-elect Trump seeking support for the DACA program. Included as signatories to the letter are mayors of cities who believe that DACA helps foster economic growth and enhances public safety and national security.

According to the Emanuel letter, “ Eighty seven percent of DACA recipients are employed with American businesses. Six percent of DACA recipients started their own businesses, higher than the American public (3.1 percent). All of these things translate into higher wages and better economic outcomes.”

Jose is one of the 87 percent of DACA recipients working for a U.S. enterprise and contributing to the US economy. Unfortunately, his fear of reverting back to his former status as an individual in unlawful presence without a valid identification is real; and, until there is certainty on the future of the DACA program, this population remains in limbo.

With a lot of support for the DACA population, the hope is that the incoming Trump administration would reconsider its anti-immigrant rhetoric during his run to the election and that the US Congress would immediately pass the BRIDGE Act.

(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm and may be reached at law@tancinco.com, facebook.com/tancincolaw, tancinco.weareph.com/old or 1 888 930 0808.)

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Global Pinoy

Should ‘TNTs’ start planning for voluntary departure from US?

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More than 11 million unauthorized immigrants in the United States, including approximately 300,000 from the Philippines, are now in panic mode and uncertain about their future under a Trump administration. Deporting immigrants who are in unlawful status is one of Trump’s campaign promises.

The presidential election result was a bitter pill to swallow for most immigrants. Most of the Filipino American immigrants in the San Francisco Bay Area are not happy with the result of the election. Immigration attorneys have received many phone calls and emails from concerned immigrants, both legal as well as those who are undocumented, asking about the immediate threat of removal from the US come January 20, 2017.

Lawful permanent residents or those with status are seriously concerned about pending petitions for their family members. Will the petitioning process take longer with the coming Trump administration? Those who are in possession of professional working visas are worried about whether the H1B program will be eliminated. Filipino healthcare workers such as registered nurses, physical therapists and caregivers with pending immigrant petitions from US employers have no clue on whether their visas are still going to be issued if immigration policy changes.

The most vulnerable immigrants who are most likely going to be affected are the DREAMERS (children who were supposed to benefit from the Development, Relief and Education of Alien Minors or the DREAM Act) and the DACA (Deferred Action for Childhood Arrivals) recipients. These are the young immigrants who came to the United States when they were below 15 years old and who are still present in the US as young adults without legal status.

For the last eight years, President Obama has supported a DREAM Act that allows these young immigrants to have lawful status, but the bill failed to pass in Congress. Using his executive power, he released a program called the DACA where thousands of young immigrants were given temporary employment authorization cards to allow them to live without fear of deportation and enabling them to work temporarily. Thousands of young Filipinos availed of this program. Their names and information are in the current system of the Department of Homeland Security. They fear not just losing their DACA status, but also about their parents who may be subject to removal.

After listening to the interview of President-Elect Donald Trump on “60 Minutes,” it appears that he also has priorities for dealing with immigration. He explicitly mentioned the immediate deportation of three million undocumented immigrants. Also, he confirmed that border security would be tightened and then removal of undocumented with criminal records would be next. Prioritizing border security is paramount on his agenda as may be assumed from his campaign plan of building a wall in the US-Mexico border.

If Trump follows through with his public statements, those who are in unlawful presence or TNTs including the DACA recipients are not (yet) in danger of immediate deportation. While there is no immediate threat at the moment, they have to be mindful of their activities, be familiar about their rights and keep in their immediate possession whatever legal documents relating to their immigration history in this country.

Most importantly, this vulnerable population must be able to distinguish between real and fake news on immigration. At the present time, it is easy to fall victim to false information on social media because bigotry and hatred are on the rise against minorities and immigrants. Be very vigilant.

(Atty. Lourdes Santos Tancinco is a San Francisco based immigration attorney and immigrant advocate. She may be reached at law@tancinco.com, 1 888 930 0808 or visit her at facebook.com/tancincolaw or tancinco.weareph.com/old)

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Global Pinoy

Prosecutorial discretion as an option for the undocumented

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Ten years after arriving in the United States, Eva seems to have lost her hope of legalizing her stay. She was petitioned by her U.S. citizen fiancé, but after a few weeks of living together as a couple, her petitioner abandoned her. Her U.S. citizen fiancé never married her. She now has a child who was born in the United States from a subsequent relationship, but the father also refuses to acknowledge the child; and, neither is he marrying Eva.

In 2014 when President Obama announced the Executive Actions for parents of U.S. citizens (DAPA), Eva became hopeful that she would have an opportunity to stay and work legally. After an adverse ruling was rendered on June 23, 2016 by the U.S. Supreme Court upholding the injunction on the DACA+ and DAPA, Eva became fearful that this setback would have the effect of immediate removal/deportation from the United States for the millions of immigrants who were prospective beneficiaries of the DAPA and DACA+.

Secretary of the U.S. Department of Homeland Security Jeh Johnson, made a public statement that the enforcement priorities will be focused on those who have criminal convictions, threats to public safety and national security and border security. New immigration violators or those who just arrived and are now in unlawful status are second in priority for enforcement. Last in priority of enforcement are those with other immigration violations or those who are in the country in unauthorized status. This last category of immigrants is considered non-priority.

Despite these categories of enforcement priorities, there are recent cases where the DHS still placed in removal proceedings individuals who are in a non-priority category. This is quite troubling for those who are already in authorized stay. While there is no increase in the apprehension of undocumented immigrants, it is important to understand that if there is no immediate relief available, prosecutorial discretion may still be requested.

This prosecutorial discretion refers to different actions by the DHS to avoid removal, placing an individual in removal proceedings, dismissing an action, deciding to release a detained individual or whether to grant deferred action or parole. There is a broader deferred action policy that may be asserted in requesting for prosecutorial discretion.

There are different factors taken into account in order to warrant a favorable exercise of discretion from DHS. It may include, among others, the following: length of time in the United States; military service; family or community ties in the United States; status as a victim, witness or plaintiff in civil or criminal proceedings; or compelling humanitarian factors such as poor health, age, pregnancy, a young child, or a seriously ill relative.

Eva may take still have the option of requesting for prosecutorial discretion if she ever finds herself in immigration court for removal proceedings. Whether or not she will be granted favorable exercise of discretion will depend on the circumstances of her case.

Absent comprehensive immigration reform as well as the DACA and DAPA programs, prosecutorial discretion remains good policy and may always be requested especially in humanitarian cases where removal will affect families with U.S. citizens or lawful permanent residents.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com, facebook.com/tancincolaw, or through tancinco.weareph.com/old)

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Global Pinoy

US high court’s one-line ruling only a temporary defeat for DACA+

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“The judgment is affirmed by an equally divided Court,” this is the one-line ruling of the highest court of the land in the much awaited decision on Obama’s Executive Action on DACA extension and DAPA program. After more than two years of waiting for the injunction to be lifted on the programs and looking forward to a decision on the merits, immigrant rights supporters were disappointed when the Supreme Court laid out its ruling in a deadlock vote of 4-4. But it’s only a temporary defeat; there are still legal ways to move forward with the executive action.

Jose Antonio Vargas, a Filipino national, is the most outspoken advocate of the DREAM Act and the Deferred Action for Childhood Arrivals (DACA). In 2012 when President Obama announced the DACA program for the first time, he was not included on the list of those qualified to apply even if he was only 12 years old at the time of his arrival in the US. The first DACA program in 2012 included a requirement that the applicant must be below 31 years old at the time of the application for deferred action under DACA. Jose just turned 31 years old in 2012 and lost the opportunity to apply for DACA.

His hope of getting temporary relief under DACA was revived when in 2014, President Obama announced the DACA+ and the DAPA executive actions. For the DACA+ program, the age ceiling of 31 years old was eliminated, maintaining only the minimum age requirement of 15 and below at the time of entry into the United States. Jose would have qualified, but the anti immigrants would not allow the DACA+ and the DAPA program to push through. Conservative states filed a lawsuit against the Obama administration, and a 5th District Court Judge issued an injunction against its implementation.

The litigation reached the Supreme Court, and there was a hearing on the merits. Unfortunately, on June 23, 2016, the Supreme Court did not issue a decision, but rather announced a per curiam ruling stating that the court was divided and that the judgment of the lower district court is affirmed.

The arguments in favor of the DACA+/DAPA Executive Actions seemed to make more legal sense during the hearing. It obviously did not turn out that way. The split in the evenly divided Supreme Court shows the sharp ideological divide between the factions in it. The feeling is that it is a politicized court with an ultra-conservative right and a liberal left-wing faction.

Had Justice Scalia not passed away recently, the conservatives would have had a clear victory. On the other hand, had Congress done its job and voted on President Obama’s replacement for Justice Scalia’s seat in the Supreme Court, it would not be inconceivable that the DACA+/DAPA Executive Actions would have been upheld.

To put this in perspective, this is only a temporary defeat for the immigrants. There are still legal ways to move forward with Executive Action as no decision on the merits was issued. But to initiate a new action would take time, which the current president no longer has. Come November 7, a new president will be elected. Whoever is elected as the next president gets to nominate the next Justice for the Supreme Court vacancy. That single appointment can tip the balance of the Supreme Court’s ideological divide to the left (or to the right) for years and years to come; hence, the importance of voting for the right president in the coming November election.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)