RESOURCES for reporters covering SCOTUS review of U.S. v. Texas
In the Midst of the Battle for DAPA
The Deporter-In-Chief v. 26 Nativist Governors & Attorneys-General (aka US v. Texas)
Reaction to House Vote to Submit Brief in US v. Texas
Reaction to Supreme Court Decision
NDLON's Si Se Puede Rule-Making Petition: A detailed explanation of the President's legal authority along with antecedent history in the campaign to persuade the President to take action to stop deportations
DHS Memo on DAPA & Expanded DACA
DHS Memo on New Deportation Priorities
For Immediate Release
April 18, 2016
NDLON: In the Midst of the Battle for DAPA
Los Angeles, CA & Washington, DC—In the wake of oral argument before the Supreme Court this morning in the case of U.S. v. Texas, National Day Laborer Organizing Network (NDLON) representatives, Jessica Karp Bansal and Salvador G. Sarmiento, made the following statements:
Litigation Director, Jessica Karp Bansal
"It's a sign of how bad the immigration debate has become that this morning lawyers for the Obama Administration—which is responsible for more deportations than any other—were forced to defend the President's use of "discretion" in immigration enforcement before the nation's highest court against an attack from the right. At stake in the case is whether the President will be permitted to publicly acknowledge the existence, humanity, and civil rights of one portion of the millions of undocumented immigrants living and working in the United States by allowing them—at least temporarily—to come out of the shadows.
"In many ways, the President has created this dilemma himself. Had he not spent most of his presidency deporting as many people as possible in an ill-advised attempt to win Republican support for immigration reform, he would not now be in a battle to determine whether he will go down in history as the Deporter-in-Chief or be remembered for a more nuanced record."
National Campaign Coordinator, Salvador G. Sarmiento
"Sadly, in the midst of this fight for DAPA, the White House is still hanging on to its failed efforts to trade ramped-up enforcement against some immigrants in return for protection of others. As the Administration defended DAPA in Court this morning, ICE continues its offensive, targeting Central American refugees, immigrants that have lived and worked in the U.S. for decades, and—through the PEP-COMM jail deportation program—collaborating with the very states that are suing to prevent DAPA.
"As we call on the Justices to reject nativists' attempt to thwart progress on racial justice, we will continue to demand that the White House and DHS leadership come clean about their detention and deportation agenda, starting with its PEP-COMM jail deportation offensive and ending with taking ICE Out of every local jail in the U.S."
For Immediate Release
March 17, 2016
NDLON Reaction to House Vote to Submit Brief in US v. Texas
Washington, DC—In response to the U.S. House of Representatives' vote today to submit an amicus brief to the Supreme Court in US v. Texas, a case in which Texas and other states question President Obama's authority to grant deferred action for some undocumented immigrants, Jessica Karp Bansal, Litigation Director at the National Day Laborers Organizing Network (NDLON) made following statement:
"Today's vote has nothing to do with the Constitution and everything to do with the Republican Party's Trump-like strategy to build political power by fomenting anger, division, and xenophobia.
"It is hard to remember, but there was once a time when Congress actually passed legislation rather than devising ever more clever ways to politically attack the President. That prior legislation, along with the Constitution itself, clearly gives the Executive branch the authority to provide common sense protections for immigrants who are a fundamental part of our society and economy.
"Today's political stunt, and Speaker Ryan's laughable claim that it is about law rather than politics, shows only that House Republicans have reached a new low worthy of their Party's current front-running Presidential candidate."
For Immediate Release
May 27, 2015
TUSKEGEE, First City in Alabama to Enact an Immigrant TRUST Policy,
Reject Entanglement with Immigration Enforcement
Policy Advances Pres. Obama's Policing Task Force's Call to
"Decouple federal immigration enforcement from routine local policing"
TUSKEGEE, Alabama – Wednesday morning, Tuskegee government officials, civic leaders, and immigrant and civil rights advocates from across Alabama gathered at Tuskegee City Hall to announce a set of historic policies promoting inclusion, fair treatment for immigrants, and non-biased community policing.
On Tuesday, May 26th, the Tuskegee City Council passed a resolution declaring Tuskegee to be a welcoming city, barring discrimination on the basis of race, ethnicity, national origin, and immigration status, and calling on the police chief to establish a "TRUST" policy aimed at building trust between his department and the city's immigrant community.
Today, Chief Lester C. Patrick will announce his Department's plan to issue a general order that, like other immigrant "TRUST Act" policies enacted across the country, will prohibit the warrantless detention of individuals by the Tuskegee Police Department at the request of immigration authorities, and place sensible limits on the collaboration between his department and federal Immigration and Customs Enforcement (ICE).
"No resident or visitor of Tuskegee should fear that a routine interaction with our officers could lead to the drastic consequence of deportation," said Chief Patrick about the city's new policy. "Our job is to promote order and safety for all people in Tuskegee, no matter where you come from, and we're all more safe when residents don't fear the police."
"Tuskegee occupies a special place in history as a key location in the movement for the civil rights of African-Americans. We are committed to carrying that legacy forward by promoting fair and just treatment for all persons in our city, including our immigrant brothers and sisters," stated Mayor Johnny Ford.
Tuskegee's announcement comes only days after President Obama's Task Force on 21st Century Policing released its final report, calling on the Obama Administration to "[d]ecouple federal immigration enforcement from routine local policing." The Task Force, which was convened in the wake of the events in Ferguson and across the nation, recommended that "[l]aw enforcement agencies should build relationships based on trust with immigrant communities" because "[t]his is central to overall public safety."
Mayor Ford stressed the importance of enacting an immigrant TRUST order in the midst of the national debate on police reform: "At a time when cities are deeply rethinking and reforming the relationship between community members and the police, it is important that we take into account our more recently-arrived residents of all ethnic and racial backgrounds."
"Misguided federal programs like Secure Communities, and its replacement Priority Enforcement Program (PEP), that co-opt local law enforcement agencies and local taxpayer dollars to identify, detain, and transfer individuals—many of whom have little or no criminal history—to ICE custody have destroyed immigrant communities' trust in law enforcement and incentivized racial profiling," stated Carlos Ramos, a Central Alabama resident and immigrant rights advocate. "People in my community are scared of any contact with the police, even if they are victims or witnesses of a crime. We need to work with our local officials to change that."
"These deportation dragnet programs, especially when they involve detention by local authorities, have also come under increasing constitutional scrutiny in the courts, leading over 250 localities from California to Georgia to enact TRUST policies like Tuskegee's," stated Jessica Vosburgh, Director of the Adelante Alabama Worker Center and Staff Attorney for the National Day Laborer Organizing Network (NDLON), which has advocated across the country for the disentanglement of local police from immigration enforcement.
"Four years ago, Alabama legislators enacted the infamous anti-immigrant law HB 56, which brought shame to our state, hurt our economy, cost taxpayers hundreds of thousands of dollars in legal fees, and fueled the separation of Alabama families," stated Frank Barragan, an organizer with the Alabama Coalition for Immigrant Justice (ACIJ). "Today, the City of Tuskegee takes a historic step in the opposite direction—the direction of progress, unity, human rights and respect for the dignity of all persons. We call on other cities and counties in Alabama to follow Tuskegee's lead."
For Immediate Release
May 26, 2015
RELIEF WILL NOT BE HANDED DOWN FROM ABOVE
Los Angeles, CA---In response to the 5th Circuit Court of Appeals denying the request for an emergency stay to lift the injunction blocking implementation of the President's affirmative relief programs, DAPA and DACA 2.0, representatives of the National Day Laborer Organizing Network (NDLON) made the following statements:
Pablo Alvarado, Executive Director of NDLON made the following statement:
"While not unexpected, the decision today is a wakeup call for immigrants who thought that relief would be handed down from above. It will not. Both the laws on the books and the application of those laws by the Obama Administration are unjust, and the handpicked judges selected to initially review the case appeared to have their minds made up.
"As this case makes its way to the Supreme Court, we will continue to make our case in the court of public opinion. Millions of immigrants living and working in the US are being systematically deprived of rights afforded to previous generations, and the only way forward is on the same path that got us here. In the proudest tradition of the country, we must continue to organize and demand nothing less than full equality."
Jessica Bansal, NDLON Litigation Director reacted this way:
"We must recognize that today's court decision, disappointing as it is, still leaves the President with broad authority over deportation policy. In particular, the decision leaves untouched the President's power to suspend deportations and end the unjust separation of families. We call on President Obama to immediately act on that power by halting all deportations until the day when our broken immigration system can be replaced by humane, rational policies that recognize the value and humanity of our immigrant community members."
NDLON representatives available for comment:
Pablo Alvarado, Executive Director
Chris Newman, Legal Director
Jessica Bansal Karp, Litigation Director
For Immediate Release
April 7, 2015
5th Circuit Holds Mississippi Lacks Standing to Challenge Obama Administration's DACA Program
Court Finds Injury to the State is "Purely Speculative" in Ruling That Has Implications for Upcoming Decision in Texas v. United States
Los Angeles, CA--In reaction to today's 5th Circuit decision unanimously affirming the dismissal of a lawsuit brought by ICE agents and the State of Mississippi against President Obama's 2012 Deferred Action for Childhood Arrivals (DACA) program, Jessica Karp Bansal, Litigation Director for the National Day Laborer Organizing Network (NDLON), made the following remarks:
"Today, the Fifth Circuit rightly held that Mississippi failed to demonstrate that the DACA program harmed it in any way. As a result, the State could not establish standing to challenge the program in court and its lawsuit was dismissed.
"At NDLON, we have long known that the injuries suffered by ICE agents and nativist politicians in Mississippi and Texas are fictional. What is not fictional is the suffering of the thousands of mothers and children languishing in immigration detention centers, the 2-million-plus people who have been deported from their homes since President Obama took office, and the 11 million individuals who continue to live in fear of deportation every day. But we are hopeful today's decision is a sign that relief is not far off.
"The Court's decision has important implications for the pending appeal of February's district court ruling enjoining President Obama's expanded deferred action programs, which grant relief to millions of immigrant families. Many legal observers believe the Appeals Court is likely to hold that, just like Mississippi, Texas and other state plaintiffs lack standing to challenge deferred action because they cannot show that granting relief from deportation to hard-working students and families will injure them in any way. Such a holding would result in a reversal of the district court's injunction and clear the way for immediate implementation of the President's deferred action programs, bringing relief to millions."
Moreover, the next Secretary should listen to Congressional leaders and freeze deportations, at a minimum for all who would qualify for legalization under S744. Finally, we expect the next Secretary to take immediate steps to reverse the damage caused by Secure Communities. That program should be scrapped, disavowed, and filed away in history books along with other failed mass deportation programs."
While President Should Make DACA Expansion "Plan A" for Immigration Reform
August 13, 2013 - Los Angeles, CA