UFW cites ‘bittersweet victory’ in preserving DACA; DAPA immigrants still at risk

United Farm Workers President Arturo S. Rodriguez issued the following statement for the UFW and UFW Foundation following Thursday’s memo released by the Trump administration’s Department of Homeland Security (DHS) regarding DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents). The DHS memo said DACA, enacted in 2012, will remain in effect.  Additionally, the Department of Homeland Security terminated DAPA, an executive action announced by President Obama in 2014 protecting from deportation the parents of American and lawful permanent resident children. DAPA was never implemented because it was stalled in the courts.

 

People who are eligible under DACA 2012 will remain unaffected. Those who meet the requirements “will continue to be eligible,” according to the DHS memo, and will be able to renew their eligibility every two years. The DHS memo noted that, “no work permits will be terminated prior to their current expiration dates.”

 

We have preserved DACA because of the strength of the Dreamer movement and the unified support of Dreamers by our immigrant community. We will continue to win victories for more people when we remain united and keep broadening our immigrant rights efforts.

 

However, this victory is bittersweet.  Immigrants, including DACA recipients, remain threatened by the fear of deportation given the increased number of ICE raids and its presence in their communities. 

 

The farm worker movement will remain vigilant over DHS policies and will continue fighting to protect the rights of immigrant communities. The UFW Foundation will continue to offer Know Your Rights information sessions and assist those who are eligible for DACA 2012. For more information visit www.sisepuede.org or call toll free 877-881-8281. 

A tie in the Supreme Court maintains Immigration Executive Actions Blocked

After a long wait and struggle supporting the DACA expanded programs and DAPA, today, the Supreme Court resulted in a tie. While today's split decision does not set any precedent for the Supreme Court. We know that DAPA and DACA are programs that benefit the United States and are legal, constitutional, and congruent with actions taken by presidents of both parties. The Supreme Court had the opportunity to provide clarity and direction for the nation. Instead, it has failed to provide this service for the American people. Our communities will continue to suffer as a result.

 

Although the draw is disappointing, we will explore all the legal options at our disposal. This battle is not over. We will not stop until every member of our community can live with dignity and without fear of being separated from their families.

 

We will do all we can to get this case back to the Supreme Court and we hope to have full set of judges who can make a clear decision. Unfortunately, we know this will not be a quick process and many families will suffer unnecessarily.

 

Although the erroneous result today is very disappointing, the DACA that was announced in 2012 is not affected as it was not in question in this case. DACA (2012) is still in place!


For more information, contact the UFW Foundation at 877-881-8281. It is important to know that there were never any applications for DAPA or DACA expanded. We invite the community to join us tonight at 6:00 pm for a community call with the farm movement to discuss today's decision and give it direction at regional offices.

The UFW and UFW Foundation joined the amicus brief in the case of Texas v The United States in Supreme Court

The UFW Foundation and UFW joined the amicus brief on the Texas v The United States Supreme Court case which will determine the future of President Obama’s immigration executive programs.

WASHINGTON - On Tuesday, March 8, the UFW Foundation and the UFW joined a diverse coalition of 326 immigration, civil rights, labor and social service groups in the presentation of an amicus brief before the Supreme Court of the United States. This was an effort to lift the executive immigration actions announced by President Obama in November 2014.

 

"The UFW and UFW Foundation have joined our brothers and sisters in the immigration movement to ask the US Supreme Court to allow the implementation of the executive action immigration orders President Obama announced in 2014," said President of UFW Arturo S. Rodríguez. "This mandate would give limited legal status to about five million undocumented persons who arrived in the United States as children or who have children who are US citizens or permanent residents."

 

The expansion of the Deferred Action for Child Arrivals (DACA) program and the new deferred action for parents of Americans and permanent legal residents (DAPA) were stopped by a federal court in Texas and by the Fifth Circuit Court of Appeals in New Orleans. The lawsuit against the president's executive actions was filed by 26 states. At the end of last year (2015), the federal government appealed the case to the United States Supreme Court.

 

The UFW Foundation and UFW alongside other organizations such as the National Immigration Law Center, the Immigration Council in the United States, the International Union of Service Employees, the Advance Project, Latino Justice PRLDEF, the Leadership Conference on Civil and human rights joined the 320 organizations were part of the amicus brief. In the brief, the groups described how immigrant families and communities would benefit from the initiatives. Examples of parents and individuals were presented as to remind the  court of the great achievements and contributions that this country will have if DACA expanded and DAPA were to take effect.

 

To view the full legal report please visit: The full legal report is available at http://www.nilc.org/wp-content/uploads/2016/03/US-v-TX-amicus-immigrant-labor-civilrights -2016-03-08.pdf.

 

The UFW Foundation has free information sessions on DAPA and expanded DACA. For more information call (877) 881-8281.

 

The Road and the Future of DACA + / DAPA in the Courts

TEMPORARY LOCK

 

On February 16, 2015, the executive actions announced by President Obama were temporarily blocked by a federal court in the Southern District of Texas. Since then, thousands of families remain in the shadows as the courts continue the arguments about the constitutionality of DACA + and DAPA in the case of Texas et al v The United States et al. We know that President Obama's actions are legal under the US Constitution and urge millions of immigrant families to have the opportunity to apply for relief from deportation and have a temporary work permit.

 

NEW ORLEANS

 

Following unfavorable ruling in Texas, the Department of Justice appealed to the Fifth Circuit Court of Appeals in New Orleans. Our farm worker movement had delegates who traveled to meet with activists from all over the country in New Orleans. Although the appeal process took many months, the Fifth Circuit Court also ruled against President Obama's executive actions on November 9, 2015. This ruling was expected since this same court also ruled against a "request for Emergency" which would have allowed the programs to be implemented as arguments continued in court. Subsequently, the Justice Department announced that it would take its appeal against to the United State Supreme Court on November 10, 2015.

 

THE DEPARTMENT OF JUSTICE ANSWERS

 

On November 10, 2015, the Justice Department formally asked the United States Supreme Court to review the decision of the Fifth Circuit Court of Appeals. It is no surprise that on December 4, multitudes of organizations, including the UFW Foundation and the UFW, came together to support the Executive Actions by adding their name to an "Amicus Brief" pledging their support for the immigration executive actions. Texas, hoping these programs will never come into effect, asked the Supreme Court for a 30-day extension to file its opposition case. Typically extensions are granted, but the United States Supreme Court allowed only 8 days. If the 30 days extension had been granted, it was quite possible that the case would not have heard in the coming term. The Justice Department believes that their appeal will be considered on January 15 but they also know that judges typically do not decide on the first conference. It is likely that there will be another additional date to decide whether or not to take the case.

 

WHAT IS THE NEXT STEP?

 

The months of January and February will reveal whether or not the Supreme Court of the United States decided to take on the case. Legal briefs will then be submitted on the case between February and April 2016. The Justice Department has said it plans to request a date as soon as possible to have the arguments in April. By the end of June 2016, we could have a victory by the highest court in the United States.


The federal government, immigrant advocates as well as all of the farm worker movement remain positive. The entire community is asked to continue to be informed and to continue to prepare their documents, savings, etc. to apply under these initiatives. Si Se Puede!