For Immediate Release
January 14, 2016
Contact: SG Sarmiento, sgsarmiento@ndlon.org

NDLON Reaction to Supreme Court Decision

Washington, DC—In response to the U.S. Supreme Court accepting review of Texas v. U.S., representatives of the National Day Laborer Organizing Network (NDLON) made the following statements:

NDLON Executive Director, Pablo Alvarado, made the following statement in Washington DC:

“It has taken far too long for this moment to arrive, but we are confident that history is on our side. And despite the unfortunate structure of a lawsuit where immigrants’ interests are not adequately represented by the Obama Administration, justice demands a reversal of the injunction upheld by the Fifth Circuit.

“Pundits may have different things to say about this case, but above all it is about political equality, self-determination, and freedom versus fear. Like everyone else living and working in this country, immigrants deserve to have a voice in policy matters affecting their lives. When immigrants speak for themselves, we make progress. That was the lesson from the first DACA, and that is the lesson now. Congress blocked statutory reform, and President Obama was slow to listen to those of us who said he had the authority to act (and frankly, he appears to still be listening to those who have gave him bad on immigration policy), but the President was ultimately persuaded by solid legal arguments and a moral imperative, both which we believe will compel the Supreme Court to do the right thing.

“When viewed in the context of the rancid xenophobia that has infected US politics, it is also clear this case is about freedom versus fear. And whether it’s the irrational fears harbored by the 26 governors or the paranoia stoked by Donald Trump, white anxiety about the changing complexion of the country is insufficient justification to deny current immigrants the same shot at progress afforded previous generations. The Supreme Court has a mixed record when it comes to cases that confront racial injustice and white supremacy. The question now is which way will it go this time?”

NDLON Legal Director and General Counsel, Chris Newman, issued the following statement in Los Angeles, CA:

“This Congress may be broken and incapable of carrying out its obligation to modernize immigration statutes, but previous Congresses were very clear in granting the statutory authority to the executive branch, and the President has more than enough authority to take the modest action contained in DAPA to protect both the interests of undocumented immigrants and of the country.

“It is worth noting that extremists within the Republican Party have sought to denude President Obama’s executive authority since the first day he took office. It is now time for the Supreme Court to put an end to what can only be described as a racially-motivated campaign to block progress.

“Those who vapidly invoke law and order arguments in order to sow fear, division, and hatred should focus their attention on the myriad constitutional violations that occur every day as the result of outdated and unjust national immigration policy. It is time for the famous nativist axiom, “What part of illegal don’t you understand?” to be replaced by a new axiom: “What part of unconstitutional don’t you understand?”

“We are hopeful the Supreme Court will move very quickly to uphold constitutional values and unlock immediate relief that immigrants deserve.”

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RESOURCES for reporters covering SCOTUS review of Texas v US:

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
http://www.notonemoredeportation.com/resources/rulemaking/

DHS Memo on DAPA & Expanded DACA
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf

DHS Memo on New Deportation Priorities
https://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf

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