Friday, June 5, 2020

It is Down to the Wire: Supreme Court to Decide DACA Case Soon?


The immigration community awaits as the Supreme Court later this month in all likelihood will decide Department of Homeland Security v. Board of Regents of the University of California.  The issue before the Court in that case is the lawfulness of the Trump administration's rescission of the Deferred Action for Childhood Arrivals (DACA) policy.  The justices heard arguments in the the case in November 2019.  

The Supreme Court may be releasing opinions on Monday, June 8.  June 29 is the last day of the 2019 Term. 

The Court's decision will affect hundreds of thousands of DACA recipients as well as the future trajectory of immigration reform.  Put differently, the meaning of DACA is much greater than the sum of its parts.

Astrid Galvan for Associated Press reports on the prevailing anxiety as DACA beneficiaries await the decision:

"Reyna Montoya’s hands get sweaty and her throat feels like it’s closing just talking about the anxiety of every Monday this spring. The immigrant rights activist who’s shielded from deportation and allowed to legally work in the U.S. under [DACA] sets a 6 a.m. alarm so she’s alert when the latest Supreme Court decision may be posted online about an hour later. Montoya, like 650,000 others enrolled in the Deferred Action for Childhood Arrivals program, is waiting for the justices to release their decision on President Donald Trump’s attempt to end the protections. . . .

`My gut hurts,' said Montoya, 29, who is originally from Mexico but has grown up in the Phoenix area. `It’s this constant level of anxiety.'

Montoya’s advocacy group, Aliento, provides arts and healing workshops for other DACA recipients who struggle with not knowing their fate. She openly talks about going to therapy to quell her anxiety. The toll of the unknown — of who will take care of her financial assets, her mortgage — weighs heavy.

`When you actually pause and think about all the things you need to think about, it’s very daunting,' said Montoya, who sometimes feels guilty because others also have children to worry about."


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