3 Ways the Supreme Court’s Immigration Ruling Hurts Undocumented Latinos and U.S. Citizens Alike
The U.S. Supreme Court on Thursday deadlocked over President Obama's executive action on immigration staving off deportation for some four million undocumented individuals.
The short-handed court's one-sentence deposition was issued without comment or dissenting opinions, leaving questions unanswered as to why they reached a split decision and whether they found Obama's effort constitutional.
What could have been a two-year celebration in the making - Obama introduced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) in 2014 - instead left pro-amnesty advocates worried if the president's successor will implement a similar plan.
Presumptive Democratic nominee Hillary Clinton said she will follow suit, but GOP presumptive nominee Donald Trump is sure to rescind such legislation upon taking office as he often reiterates on the campaign trail. Trump's rhetoric calling Mexicans "rapists" and "criminals" along with calls to surveille Mosques has been met with fear and loathing from those with foreign roots.
Thursday's ruling, in essence, condoned the removal of undocumented residents regardless of their U.S. ties. They can be employed and free of criminal charges, yet still be susceptible to the swats of raids Immigration and Customs Enforcement officials continually carry out.
But the problems don't end with SCOTUS. Here are three ways immigrants and U.S. citizens alike will be affected well beyond November's general election.
Reassurances for Trump
In laying out his goal for the first 100 days of his presidency, Trump said he would "appoint judges who will uphold the Constitution of the United States," in contrast to the "radical judges" Clinton would nominate.
Republican lawmakers wary of Trump's enigmatic campaign stand united both on his immigration policy and prerequisites for justice Antonin Scalia's replacement. They seldom question the real estate magnate's jingoism, even if he alienates Muslims who can help fight ISIS, or the record 27.3 million eligible Latino voters expected to cast ballots in the fall.
Trump vaguely explains how he would carry out his immigration proposals, only vowing change existing laws. One way in which he can affect immigration proceedings is by nominating a justice who holds identical views.
"Today's 4-4 Supreme Court ruling has blocked one of the most unconstitutional actions ever undertaken by a President," Trump said in a statement. "The executive amnesty from President Obama wiped away the immigration rules written by Congress, giving work permits and entitlement benefits to people illegally in the country."
A Precedent for Future Rulings
The president said the Supreme Court's ruling would not affect "DREAMers," telling reporters that the decision does not affect existing DACA recipients.
He did warn that the absence of a justice and Congress' refusal to appoint his selection will make it difficult to bring about bipartisan immigration reform.
"Republicans in Congress currently are willfully preventing the Supreme Court from being fully staffed and functioning as our Founders intended," Obama said. "And today's situation underscored the degree to which the Court is not able to function the way it's supposed to."
Without knowing why SCOUTS ruled the way they did, one can only assume they will reach the same consensus with future cases. Had Scalia not passed away, it's hard to predict a different outcome. The conservative justice occasionally played immigration advocate, notably opposing provision in Arizona's SB 1070 bill giving law enforcement free reign to ask for proof of citizenship. That support, however, included subtle jabs at DACA and DAPA.
Nearly 200 Republican-led immigration bills are being considered for the House. Most make it harder for undocumented individuals to stay in the country legally, like Texas Rep. Paul Gosar's bill terminating a program that reunites minors from Central American countries with their parents.
Families Risk Deportation
The New Year began with mass raids in Georgia, North Carolina, and Texas. The president repeatedly says ICE targets individuals with criminal backgrounds, but Department of Homeland Security Secretary Jeh Johnson noted that children are vulnerable as well.
"This should come as no surprise," Johnson said last January. "I have said publicly for months that individuals who constitute enforcement priorities, including families and unaccompanied children, will be removed."
Last month, Johnson announced a new wave of raids lasting through June. As Reuters put it, this was expected to be the largest deportation sweep under the Obama administration.
Obama's initiative would have protected three sets of people: undocumented parents, their children born after 1981, and those born after 2010. DAPA would have allowed parents of U.S.-born children to work three years at a time, if they have been in the country since 2010 and avoided serious crimes.
The Migration Policy Institute estimates more than 10 million people live with a DAPA-eligible adult. At least two-thirds have lived in the U.S. for a decade.
Thursday's ruling sheds one layer of protection immigrants had.
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