NEW YORK – New York's immigrant community is frustrated by the U.S. Supreme Court's refusal to rehear arguments in the case challenging President Obama's executive actions on immigration reform.
Twenty-six states sued, claiming the president had overstepped his authority by extending immigration protections to parents of children who are U.S. citizens.
Antonio Alarcon, an organizer with Make the Road New York, said the court's four-to-four vote on the case had left children and families at risk – even in New York, where immigrants are welcome.
"It is sad that our community is still in the limbo of getting deported, separating innocent families who are only the victims of this immigration system that we have," he said.
Issued after the death of Justice Antonin Scalia, the Supreme Court's decision allowed a lower court ruling blocking the president's reforms to stand. But as a tie vote, it did not set a precedent.
In asking the court to rehear the case, the Obama administration claimed that what is at stake is so important it needs a definitive resolution by the high court. Alarcon pointed out that many now facing deportation have long histories in this country.
"The people who are the victims of this are people who are undocumented who haven't been in their native countries for 20 to 30 years," he explained.
More than half of the 3.6 million people affected by the decision live in states that have not challenged the president's policy.
A lawsuit filed in New York asks the federal courts to allow the Deferred Action for Parents of Americans (DAPA) program to go into effect in states that were not part of the suit against it. According to Alarcon, that lawsuit had its first hearing last week.
"We are in the hope that New York and the other 23 states that are putting this lawsuit against the Department of Justice will get an answer, hopefully by next year," he added.
He noted the ultimate decision on immigration reform may depend on action in Congress to fill the vacancy on the Supreme Court.
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Protests are planned this Saturday throughout Arizona as organizers mobilize a "nationwide day of defiance" against what they're calling the Trump administration's attacks on civil rights, working families, public education and health care. The "No Kings" protests follow a week of immigration sweeps throughout the country, including in Arizona, that have sparked public outrage against President Donald Trump's mass deportation agenda and Immigration and Customs Enforcement. This week, the president said people can expect additional ICE raids and warned protestors they can expect to be met with "equal or greater force."
But Leah Greenberg, co-executive director of the advocacy organization Indivisible, said there is power in collective action.
"This is coming at a moment when they are illegally sending troops into Los Angeles, intentionally attempting to escalate in order to justify broader crackdowns on dissent that makes it that so much more important for all of us collectively to be in solidarity with our immigrants friends and neighbors, with basic American values," she explained.
The widespread movement will run counter to Trump's projected multi-million-dollar birthday military parade happening in Washington, D.C., on Saturday. More than 100 pro-democracy groups are backing the nationwide No Kings events. To find where protests are happening visit no-kings-dot-org.
Greenberg argued that the Trump administration is actively attempting to chill dissent and create consequences for those who speak out, and claimed the administration is trying to create a false sense of inevitability.
"Their power, fundamentally, is dependent on all of us actually agreeing, actually obeying. If we collectively organize, if we collectively expose that lie for what it is - then we are are going to be in a completely different position and they are not going to be able to get away with the things they are trying to do," she continued.
Randi Weingarten, president of the American Federation of Teachers, reminded people the power of the United States' government is derived from those it represents.
"Not from one man, not from one party, not from a crown," she contended. "That is what was the most important focus of the framers. That is why they shed lots of blood, sweat and tears to actually create this country, the first 13 colonies."
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Immigrant rights groups have said they are considering legal action to restore a Texas law allowing in-state tuition rates for undocumented college students.
The move comes after the Department of Justice sued Texas and within hours, state officials complied without a fight. According to the U.S. attorney general, federal law prohibits schools from providing benefits to undocumented students not provided to U.S. citizens.
Kelly Cobb, partner and business immigration attorney at the Jackson Walker Law Firm in Houston, said the law had been on the books since 2001.
"They get the same residence requirement as someone that was born here," Cobb pointed out. "I think it's more of a policy argument. These were children brought here and why should they be penalized and have to pay higher tuition?"
Texas was the first state to enact such a law to help young adults without legal status. Conservative legislators have tried to repeal the law for years. Cobb noted if an appeal is filed, a judge could allow the law to remain in effect through the appeals process.
Texas Attorney General Ken Paxton took partial credit for the legislation being overturned. The lawsuit was filed just days after the end of the legislative session, where a bill to repeal the law stalled after passing out of a Senate committee. According to the American Immigration Council, the state will lose an estimated $460 million a year in wages if the ban remains in effect.
"It's going to have a financial impact on the universities," Cobb explained. "Also, they're going to college so they are going to come out professionals with degrees, who should be earning more. So, they will make money; they will make jobs."
The move is part of the Trump administration's crackdown on illegal immigration. Currently, 24 states allow undocumented students to pay in-state tuition.
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In response to increasing federal threats to immigrant communities, including cuts to food assistance and deportations, a coalition of more than 100 community organizations is urging Oregon's lawmakers to pass the 2025 Immigrant Justice Package.
It includes five bills which would provide Oregon's immigrant families access to things like food and housing assistance, disaster relief and legal representation.
Martha Sonato, president of the Oregon Worker Relief Coalition, said the legislation will benefit all Oregonians.
"What community has put forward is a package of very impactful, cost saving investments," Sonato explained. "These are all basic rights that really help families stay together and succeed."
Opponents to some of the measures argued it is unfair to ask legal residents to fund benefits for people in the country illegally. Supporters, however, countered undocumented Oregonians contribute more than $350 million annually in state and local taxes, making them deserving of the benefits.
From the package, Sonato highlighted a bill to create a Farmworker Disaster Relief Fund. She noted Oregon farmworkers, more than 60% of whom are immigrants, face lost wages due to extreme weather like heat waves and wildfires.
"Farmworker Disaster Relief would really help make sure that farmworkers are able to take care of themselves and their families, just like they're taking care of all of us," Sonato emphasized.
Another bill in the package, Food for All Oregonians, would provide food benefits to all children in the state, regardless of their immigration status. The measures also seek funding to renew a legal aid program for immigrants, which Sonato argued is crucial in today's climate.
"This policy ensures that folks have due process by providing legal representation to immigrants that are seeking to adjust their status and facing deportation," Sonato added.
Sonato stressed investments in immigrant communities now will save the state money in emergency food, housing, and medical resources down the road.
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