Friday , September 22 2017
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Tag Archives: dreamers

Local, State, National Leaders Speak Out on President Trump’s Decision to End DACA

President Donald Trump announced Tuesday the ending of the Deferred Action for Childhood Arrivals (DACA) first implemented by President Obama in 2012.

Below is the President’s statement, as provided by the White House.

President Donald J. Trump Restores Responsibility and the Rule of Law to Immigration

“I believe that real and positive immigration reform is possible, as long as we focus on the following goals: To improve jobs and wages for Americans; to strengthen our nation’s security; and to restore respect for our laws.” – President Donald J. Trump

RESPONSIBLY ENDING UNLAWFUL IMMIGRATION POLICY: Today, the Trump Administration is rescinding the previous Administration’s memorandum creating the unlawful Deferred Action for Childhood Arrivals (DACA) program and has begun to end the program responsibly.

  • Attorney General Jeff Sessions sent a letter to the Department of Homeland Security explaining that DACA was not statutorily authorized and was therefore an unconstitutional exercise of discretion by the executive branch.
    • Attorney General Sessions found that DACA, given pending litigation, would likely face the same outcome as the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, which was enjoined by the courts.
  • The Trump Administration is taking responsible action to wind down DACA in an orderly and minimally disruptive manner.
    • If President Trump allowed DACA to go to court, it is likely that the court would abruptly enjoin the program.
      • If President Trump had refused to act, many States were prepared to pursue litigation to end DACA by court order.
    • Under the change announced today, current DACA recipients generally will not be impacted until after March 5, 2018, six months from now. That period of time gives Congress the opportunity to consider appropriate legislative solutions.
  • DHS’s enforcement priorities remain in place. However, absent a law enforcement interest—which is largely the standard that has been in place since the inception of the program—the Department will generally not take actions to remove active DACA recipients.
    • DACA recipients range from ages 15 to 36, with the overwhelming majority being of adult age.
  • Initial requests for Employment Authorization Documents under DACA properly filed and accepted through today will be processed.
    • Additional DACA initial applications filed after today will not be accepted.
  • Renewal applications for DACA Employment Authorization Documents properly filed and accepted by October 5, 2017, for people whose current Employment Authorization Documents expire between today and March 5, 2018, will be processed.
    • Any such requests filed after October 5, 2017 will not be accepted.
  • Currently approved applications for advance parole for DACA recipients will generally be honored, but new applications will not be approved.
    • All pending applications for advance parole by DACA recipients will be closed and associated fees will be refunded.

RESTORING LAW AND ORDER TO OUR IMMIGRATION SYSTEM: The DACA program was never intended to be permanent—even President Obama admitted it was a temporary, extraordinary measure. And President Obama repeatedly recognized that such unilateral actions were in excess of the Executive’s appropriate role.

  • President Obama admitted publicly on at least a 22 occasions that creating a DACA-like program was beyond his authority. President Obama said:
    • In 2011, that “there are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through Executive order ignore those congressional mandates would not conform with my appropriate role as President.”
    • In 2010, that providing people in America illegally with legal status and ignoring the laws on the books “would be both unwise and unfair.”
  • President Obama admitted in 2012 that DACA, implemented in an election year, was “a temporary stopgap measure.”
  • Partly because of DACA, the United States saw a surge in illegal immigration by minors in 2013-2014, because they hoped to take advantage of the program.
    • President Obama knew this would be a problem, admitting in 2010 that a DACA-like policy “could lead to a surge in illegal immigration.”
  • President Trump refuses to allow criminal activity to dominate our immigration system, taking action to restore the law and protect all Americans.
    • One of President Trump’s first Executive orders informed sanctuary jurisdictions that failure to fully abide by Federal immigration laws would jeopardize access to certain Federal grant money.
      • As a result, Miami-Dade County reversed its years-long sanctuary policy.
    • The DOJ issued new charging guidelines in April to bring to an end the previous Administration’s catch-and-release policies by prioritizing criminal immigration enforcement.
    • Since President Trump’s inauguration, illegal immigration on the southwest border is down by 47 percent compared to the same period last year.
    • Illegal alien removals resulting from to U.S. Immigration and Customs Enforcement (ICE) arrests have increased by over 32 percent.
    • So far in Fiscal Year 2017, ICE has arrested at least 3,641 criminal gang members compared to 2,057 criminal gang members in all of Fiscal Year 2016.

REFORMING IMMIGRATION TO MAKE AMERICA GREAT AGAIN: DACA made it impossible for President Trump to pursue the reforms needed to restore fairness to our immigration system and protect American workers.

  • President Trump’s highest obligation is to uphold the laws of the United States. So long as the unlawful policies of the previous Administration remain—especially those that incentivize further illegal immigration—there is no realistic chance of achieving principled pro-worker immigration reform. His priorities include:
    • Controlling the Border: President Trump intends to secure the southwest border with a border wall and a robust law enforcement presence on the border.
    • Improving Vetting and Immigration Security: Our immigration system, including our asylum and refugee system, make the United States potentially exposed to terrorist and public safety threats. We need to improve vetting and set limits that allow for proper vetting.
    • Enforcing Our Laws: President Trump supports the swift removal of those who illegally enter the United States or violate the conditions of their visas.
    • Protecting Our Workers: President Trump is working to encourage companies to raise wages and recruit American workers. This means stopping the practice of hiring illegal workers who unlawfully deprive American workers of jobs and higher wages.
    • Establishing a Merit-Based System for Entry: President Trump supports efforts to prioritize immigrants based on skills and thereby prevent the displacement of American workers.

***

U.S. Senator John Cornyn (R-TX) Tuesday released the following statement after the Trump Administration announced their intention to end the Deferred Action for Childhood Arrivals (DACA) program put in place by the Obama Administration:

“This policy, while well-intentioned, was implemented without the approval of Congress by a President who exceeded his authority under the Constitution. This President now has the chance to work with Congress towards finding a solution to this issue where his predecessor failed. These children who were brought here illegally through no fault of their own continue to make positive contributions to Texas and the nation, and it’s important for us to achieve a long-term resolution.”

***

A Betrayal of Leadership: HOPE & Border Bishops Respond to Trump’s Rollback of Protections for Dreamers

HOPE BORDER INSTITUTE, BISHOP OSCAR CANTU, DIOCESE OF LAS CRUCES, BISHOP MARK J. SEITZ, DIOCESE OF EL PASO

Jesus taught that law should be at the service of human beings and communities (Mk. 2:27). Jesus showed that leadership is about transcending petty divides, defending the vulnerable, and guaranteeing human dignity.

The devastating news that the Trump administration has rolled back basic protections from deportation for young immigrants is a betrayal of the law’s greater purpose, a betrayal of leadership’s duty to protect the innocent, and a betrayal of the compassion the President Trump promised Dreamers. 

Our border communities know the contributions, hopes and character of our Dreamers, forged in a climate of endless anxiety, uncertainty and political turmoil. Nearly one million strong across the country, Dreamers are leaders in our parishes, graduates from our schools, veterans of our armed services, and first responders who have provided brave service in the aftermath of Hurricane Harvey.

Even in the absence of political leadership, we know their dreams will not be extinguished. Dreams can soar higher than the pharisaical abuse of the law and political brinksmanship. In the dedication of our Dreamers to our highest American ideals and in the coming together of our country behind them, we see the seeds of renewal in our country and the renewed possibility of immigration reform. The fate of Dreamers once again falls to Congress, who rather than pitting us against each other, must work to promote the good of all.

In the meantime, with the strength of Jesus’ “no” to those who would use the law to lay unfair burdens on the innocent, we will continue to say “no” to deportation, family separation and the militarization of our communities. While we wait on reform, we call for an immediate moratorium on the deportation and detention of those who would pose no danger to our communities. 

And let us all continue to say “yes” to a country that nurtures the hopes and aspirations of its young people. “Yes” to laws that correspond to our human and family values. “Yes” to those who soar high on the strength of their dreams.

***

Sen. Rodríguez: Trump fails on promise to treat DREAMers “with a heart”

Senator José Rodríguez, Chairman of the Senate Democratic Caucus, released the following statement following the president’s decision, announced this morning, to discontinue President Obama’s Deferred Action for Childhood Arrivals (DACA) program in six months:

DREAMers are part of the American future. These young people are Americans in every meaningful way, and this un-American action by the president works to deprive them of their dreams.

This is no surprise, unfortunately. This president is a bully who kicked-off his campaign by calling immigrants rapists and pledged to build a border wall. He undermined the rule of law and the judiciary by criticizing the integrity of Judge Curiel, simply because of his Mexican heritage. He began his presidency by imposing an unconstitutional, discriminatory travel ban. Most recently, he pardoned the racist actions of Sheriff Arpaio. He has no respect for the U.S. Constitution or the rule of law. He is failing as president, and as he did during the campaign, when he is in trouble, he looks for a scapegoat. While he has many, his main target, over and over, has been immigrants.

Typical of bullies, he is passing the buck. Now, more than ever, it is imperative that Congress do its job and pass comprehensive legislation that will protect these young Americans from deportation and provide them with a legal pathway to citizenship. DREAMers, more than 124,000 in Texas who by one estimate produce $6 billion in annual economic output, are students, teachers, doctors, workers, and small business professionals, who are integral to our communities and provide tremendous benefits to our economy. They are not bargaining chips for a border wall.

***

Senate Democratic Caucus statement on shameful DACA decision

Austin – Tuesday, President Trump went back on his word and discontinued President Obama’s Deferred Action for Childhood Arrivals (DACA) program. The Senate Democratic Caucus’ statement is as follows:

Since its inception five years ago, DACA has helped nearly 800,000 young people, many in Texas, come out of the shadows. These DREAMers are successful students and professionals who are contributing members of society. They have proven their allegiance to this country, which is the only home they know.

To take that away is not only cruel and morally repugnant, it is shortsighted and works against America’s future success.

We stand with these DREAMers and their families, and against the anti-immigrant hardliners, many of whom are driven by fear of change. 

Congress must pass comprehensive immigration reform with a pathway to citizenship for those already here, and we must stop scapegoating immigrants, whether because of national origin, religion, or any other reason.

Congress can start by finally passing the DREAM Act, which has bipartisan support. The vast majority of Americans support allowing DREAMERs to stay, but the president is playing to his political base rather than ensuring the best possible future for our country.

It is up to responsible leaders in both parties to reject this divisive, politically-driven action and seek common ground. Passing the DREAM Act would be a great first step. 

***

U.S. Representative Will Hurd Statement on DACA

U.S. Representative Will Hurd released the following statement regarding the Deferred Action for Childhood Arrivals program, known as DACA.

“There is no doubt that our immigration system is broken. Congress must provide a permanent, legislative solution for children brought here through no fault of their own.  We should create immigration policies that strengthen our economy and keep Americans safe, which is why I look forward to working with my colleagues to make a permanent, legislative solution that allows people who have only known America as their home, to stay and continue contributing to our Nation’s culture, economy and history.”

***

Former President Barack Obama via Facebook

Immigration can be a controversial topic. We all want safe, secure borders and a dynamic economy, and people of goodwill can have legitimate disagreements about how to fix our immigration system so that everybody plays by the rules.

But that’s not what the action that the White House took today is about. This is about young people who grew up in America – kids who study in our schools, young adults who are starting careers, patriots who pledge allegiance to our flag. These Dreamers are Americans in their hearts, in their minds, in every single way but one: on paper. They were brought to this country by their parents, sometimes even as infants. They may not know a country besides ours. They may not even know a language besides English. They often have no idea they’re undocumented until they apply for a job, or college, or a driver’s license.

Over the years, politicians of both parties have worked together to write legislation that would have told these young people – our young people – that if your parents brought you here as a child, if you’ve been here a certain number of years, and if you’re willing to go to college or serve in our military, then you’ll get a chance to stay and earn your citizenship. And for years while I was President, I asked Congress to send me such a bill.

That bill never came. And because it made no sense to expel talented, driven, patriotic young people from the only country they know solely because of the actions of their parents, my administration acted to lift the shadow of deportation from these young people, so that they could continue to contribute to our communities and our country. We did so based on the well-established legal principle of prosecutorial discretion, deployed by Democratic and Republican presidents alike, because our immigration enforcement agencies have limited resources, and it makes sense to focus those resources on those who come illegally to this country to do us harm. Deportations of criminals went up. Some 800,000 young people stepped forward, met rigorous requirements, and went through background checks. And America grew stronger as a result.

But today, that shadow has been cast over some of our best and brightest young people once again. To target these young people is wrong – because they have done nothing wrong. It is self-defeating – because they want to start new businesses, staff our labs, serve in our military, and otherwise contribute to the country we love. And it is cruel. What if our kid’s science teacher, or our friendly neighbor turns out to be a Dreamer? Where are we supposed to send her? To a country she doesn’t know or remember, with a language she may not even speak?

Let’s be clear: the action taken today isn’t required legally. It’s a political decision, and a moral question. Whatever concerns or complaints Americans may have about immigration in general, we shouldn’t threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us. They are that pitcher on our kid’s softball team, that first responder who helps out his community after a disaster, that cadet in ROTC who wants nothing more than to wear the uniform of the country that gave him a chance. Kicking them out won’t lower the unemployment rate, or lighten anyone’s taxes, or raise anybody’s wages.

It is precisely because this action is contrary to our spirit, and to common sense, that business leaders, faith leaders, economists, and Americans of all political stripes called on the administration not to do what it did today. And now that the White House has shifted its responsibility for these young people to Congress, it’s up to Members of Congress to protect these young people and our future. I’m heartened by those who’ve suggested that they should. And I join my voice with the majority of Americans who hope they step up and do it with a sense of moral urgency that matches the urgency these young people feel.

Ultimately, this is about basic decency. This is about whether we are a people who kick hopeful young strivers out of America, or whether we treat them the way we’d want our own kids to be treated. It’s about who we are as a people – and who we want to be.

What makes us American is not a question of what we look like, or where our names come from, or the way we pray. What makes us American is our fidelity to a set of ideals – that all of us are created equal; that all of us deserve the chance to make of our lives what we will; that all of us share an obligation to stand up, speak out, and secure our most cherished values for the next generation. That’s how America has traveled this far. That’s how, if we keep at it, we will ultimately reach that more perfect union.

***

EPISD Board of Trustees and Administration in February adopted a resolution declaring its schools as safe environments to help students learn and succeed.  Superintendent Juan Cabrera on Tuesday reaffirmed the District’s commitment to all of it students.

“It is not the responsibility or within the authority of school districts to enforce immigration law. It is our duty and obligation to educate all children who come through our doors. Today’s announcement will not detract us from our mission to protect the rights of our students to receive a quality education in a safe environment. We want to encourage students to continue coming to school. While we will always comply with the law, our priority will always be to help every child thrive and reach his or her greatest potential. Every child that is in our classrooms is part of the EPISD family and we will care for each and every child as our own.”

***

A message from UTEP President Diana Natalicio to our DACA students (from Facebook)

“I join your UTEP family in expressing support for you and the achievement of your educational aspirations. We understand and very much regret that, with every breaking news story or rumor, the visa uncertainties that surround you gain new intensity and cause enormous stress and apprehension for you and your loved ones.

“What we want to be sure you know is that UTEP stands fully behind you and your dreams of a successful future through the attainment of your UTEP degree. Please know, too, that we will do all within our power to ensure that you have the opportunity to achieve your educational goals on our campus.

“I trust that you know about the support services that are available to you at UTEP, and that you won’t hesitate to reach out to them. Dean of Students, Dr. Catie McCorry-Andalis (cmandalis@utep.edu or 747-5648), is prepared to provide you with additional information about these services and any other support that you may need.

“Your abundant talents, high aspirations and diligence have enabled you to become successful UTEP students and esteemed members of our UTEP family. We look very much forward to our opportunity to celebrate with each and every one of you when you cross the Don Haskins Center stage to receive the UTEP degree that you will earn through your hard work and determination to succeed.

“With our most heartfelt good wishes……Go Miners!”

***

Statement from President Bill Clinton (via Facebook)

DACA has brought hundreds of thousands of young people out of the shadows – allowing them to live without fear, go to school, work, and contribute to America in countless other ways. These young people’s dreams are part of the American Dream. And they make it more real for all of us. Today’s decision by the White House to terminate DACA – and that is effectively what it attempts to do – will crush their dreams and weaken the American Dream for the rest of us.

It’s wrong because it’s bad policy that solves no pressing problem and raises new ones. It’s wrong because it’s irresponsible, passing the buck instead of offering sensible solutions for immigration reform. Most of all, it’s wrong because it’s cruel to send these young people to places many of them have never lived and do not know. For them this is home. The United States is their home.

Instead of punishing them, we should find ways to openly embrace them and to empower them to make their own contributions, as previous generations of immigrants have done.

Congress should act immediately to protect their status and pave the way for their future and America’s future.

AUDIO: Dreamers Grateful Efforts to Repeal In-State Tuition Benefit Never Materialized

Houston is the only place Samuel Cervantes considers home. His parents brought him to the United States from Monterrey, Mexico, at the age of five.

As an undocumented immigrant, Cervantes, a rising junior at the University of Texas at Austin, said he never thought college was in his future until he learned of the in-state tuition benefit afforded students like himself.

“It quelled a lot of fears that I had because for a good percentage of my time in high school, I felt that I wasn’t going to be able to go to college because I wasn’t documented, and I didn’t think I was going to be able to afford it,” Cervantes said.

The 2001 state law allows noncitizens, including some undocumented immigrants, to pay in-state tuition rates at public colleges if they can prove they’ve been Texas residents for at least three years and graduated from a Texas high school or received a GED. They must also sign an affidavit promising to pursue a path to permanent legal status if one becomes available.

Every session, a handful of Republican lawmakers attempt to rescind the long-standing offer. This year, state Rep. Jonathan Stickland filed House Bill 393, which would have eliminated the program by spelling out in statute that a person “not authorized” to be in the country can’t be considered a Texas resident.

The Bedford Republican told The Texas Tribune in January that he considers the benefit a lure for undocumented immigrants and that his constituents “want the magnets turned off.”

Asked why the legislation never even got so much as a committee hearing, Stickland blamed House leadership, including Speaker Joe Straus.

One big immigration measure did pass and become law: Senate Bill 4 is the controversial anti-“sanctuary cities” bill, which includes a provision allowing law enforcement to question the immigration status of people they detain or arrest. The law is tied up in the courts, but just the prospect of it leaves undocumented students like Cervantes fearful.

In the meantime, the proud Longhorn says he’ll try to focus on his studies. He said he’ll fight the next round of bills he expects lawmakers to file in subsequent sessions so his younger sister can also take advantage of in-state tuition.

“Undocumented students will go on to have the ability to contribute to the Texas economy by utilizing their college degrees, and I think that having a more educated population benefits the Texas society as a whole,” Cervantes said.

Live chat: Talk to our reporters about bills that didn’t make it out of the regular session — and what’s ahead in the special — Friday, July 14 at noon. Ask a question

Read related Tribune coverage:

  • Will Texas legislators repeal in-state tuition for undocumented immigrants? One Republican lawmaker is determined to make it happen. [link]

Author:  ALANA ROCHA – The Texas Tribune

Bishop Seitz: I Can Hear Jesus’ Indignant Response to AGs who Want to Deport ‘Dreamers’

Not many things made Jesus angry. He was the picture of patience and forgiveness even in the face of many serious human faults. But one thing often caused Jesus to fly off the handle — legalistic leaders.

While Jesus’ life and ministry may have taken place 2,000 years ago, now in my home state of Texas, legalists are placing the letter of the law ahead of the well-being and dignity of children and families.

On June 29, attorneys general from 10 states including Ken Paxton of Texas threatened in a letter to U.S. Attorney General Jeff Sessions to sue the Trump administration if it does not eliminate Obama-era protections that shield “Dreamers,” or undocumented immigrants who were brought to the United States as children.

The letter called on the administration to stop accepting new or renewing existing applications for the Deferred Action for Childhood Arrivals program, which President Obama created during his first term.

If these upholders of the law have their wish, Dreamers will no longer be protected from deportation.

The scribes and the Pharisees of his time drove Jesus to distraction. As he put it, “Woe to you, scribes and Pharisees, you hypocrites. You pay tithes … and have neglected the weightier things of the law: judgment and mercy and fidelity. These you should have done, without neglecting the others” (Matthew 23:23). And as he told his disciples, “but do not follow their example. For they preach but they do not practice” (Matthew 23:3).

Are the roles of the scribes and Pharisees being played out again today? Paxton and the nine other attorneys general argue that it’s not enough to exercise our country’s legal prerogatives regarding immigration with the adults who have sought refuge within our borders. Must we go even further and also lay the heavy burden of the law on the children they brought with them? Will we wrench Dreamers from their schools, communities and the only homes they have ever known? Will we send them away because they are not “legal”?

Around 220,000 young people in Texas will be out of school and out of productive work: a classic formula to create the desperation that makes drug dealing and other crime appear to be the only option.

The leaders of Jesus’ day thought by fulfilling the minutiae of the law they could be righteous before God and, more importantly for them, appear righteous before human beings. Jesus answered that they should have practiced a higher law, that of justice and mercy and faithfulness. They should have imitated God’s compassion toward those forced by life’s circumstances to carry heavy loads. They should not have added to those loads with self-righteous insistence on the smaller points of the law.

When I hear this legalistic insistence upon every letter of our broken immigration law being carried out to this cruel degree, I can hear Jesus’ indignant response: Woe to you, scribes and Pharisees, you hypocrites.

Author Mark J. Seitz is bishop of the Roman Catholic Diocese El Paso  | Article via Religion News Service 

Rep O’Rourke to Hold Community Meeting on ‘DREAMers’ Sunday

 

Congressman Beto O’Rourke says that El Paso is at the center of a national debate when it comes to immigration policy.

“The President-elect has promised to immediately terminate President Obama’s executive actions on immigration to include deportation protections granted to DREAMers, young people brought to this country as children and who have registered with the government while they pursue their studies, serve in the military and continue to contribute to this country,” O’Rourke stated in a news release.

According to the American Immigration Council, there are approximately 1.8 million immigrants in the United States who might be, or might become, eligible for the Obama Administration’s “deferred action” initiative for unauthorized youth brought to this country as children, better known as the DREAMers.

DREAMers are named for the DREAM (is acronym for (Development, Relief, and Education for Alien Minors) Act, the legislative proposal for a multi-phase process for undocumented immigrants in the US. The DREAM Act would first grant conditional residency and, upon meeting further qualifications, permanent residency.

In order to better understand the position these DREAMers are in, Rep. O’Rourke is hosting a community meeting this weekend to hear from Borderland residents on the subject.

O’Rourke adds, “I will be joined by community, faith and civic leaders to share DREAMers stories, discuss policy ideas and hear from you.”

The DREAMers Community Meeting is scheduled for  Sunday, January 15th at 1:30 p.m. in San Jacinto Plaza in downtown El Paso.

 

Rep. O’Rourke to Hold Town Hall on “DREAMers” Monday

El Paso Congressman Beto O’Rourke will have a special Town Hall meeting on Immigration, specifically the possible impact of the new President’s policies on DREAMers (acronym for Development, Relief, and Education for Alien Minors.)

“DREAMers” are the young people who were brought to this country at an early age without documentation, who have lived most of their lives in the U.S. and in communities like ours.

In 2012 President Obama granted the DREAMers a reprieve from deportation through executive action, allowing them to continue to be productive members of our society, pursuing their education, careers and in some cases service in the military.

President-elect Donald Trump has promised to “immediately terminate” President Obama’s executive actions on immigration to include deportation protections granted to DREAMers.

Via an emailed news release, O’Rourke adds, “This could mean that young El Pasoans, who have spent almost all of their lives in this country, who are currently attending El Paso Community College or UTEP for example, will be forced to leave their friends, families and community to return to their country of origin.”

Rep. O’Rourke’s Town Hall will be held on  Monday, November 28th starting at 6 p.m. at the El Paso Community Foundation Room (333 N Oregon St).

Lawyers for Texas Talk Strategy on SCOTUS Immigration Hearing

As he prepares to make his fifth trip to argue before the U.S. Supreme Court in perhaps his most high-profile case to date, Texas Solicitor General Scott Keller is confident he and his team will prevail and stop President Obama’s immigration plan from taking effect.

The nation’s high court will likely take upTexas v. United States in April. The arguments will focus on Obama’s controversial executive order, known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, which would shield more than 4 million undocumented immigrants in the country from deportation proceedings and allow them to apply for a three-year work permit. Lower courts have already ruled to halt the policy three separate times.

Keller and Chip Roy, the first assistant attorney general, sat down with The Texas Tribune recently to explain why the case isn’t as simple as some think, what the state is actually fighting for and why, contrary to what some immigrant rights groups say, what Obama did isn’t that same as actions taken by his predecessors.

The attorneys also discussed how the office operates while their boss, Texas Attorney General Ken Paxton, faces criminal charges in state district court.

The following is an edited and condensed transcript of the interview.

The Texas Tribune: Several presidents have taken executive actions on immigration. Why is what President Obama did illegal and why do you think the Supreme Court is going to side with the state of Texas?

Keller: The fact that the president has taken some executive action on immigration, that’s not why the lawsuit was filed.  The same day that the memo that we’re challenging was filed, there were nine other immigration executive memos. We’re not challenging any of those nine. The memo that we’re challenging goes far beyond deportation. What it does is it grants lawful presence to millions that are here, who are here, unlawfully. And what that means is that there is going to be benefits and eligibility for benefits that come with that, such as Medicare, Social Security, the earned income tax credits, unemployment insurance, driver’s licenses. In addition to that, work permits.  So it’s that affirmative act of granting lawful presence status and eligibility for benefits that violates the law and that’s why it’s unlawful.

“The thing we always have to clarify is that this is not an immigration question – this really is a separation of powers question: What does the president have the power to do?”— Texas First Assistant Attorney General Chip Roy

TT: So this (lawsuit) is in opposition to the benefits and not against the prosecutorial discretion aspect of choosing which immigration cases not to pursue?

Keller: Our lawsuit doesn’t impact the executive’s ability to exercise prosecutorial discretion. Our injunction doesn’t require the executive to remove anyone, it doesn’t require it not to remove anyone, and it doesn’t interfere with removal priorities. What it’s about is the affirmative granting of lawful presence and lawful eligibility.

TT: Brownsville-based District Court Judge Andrew Hanen first ruled in February that the president violated the federal Administrative Procedure Act when he announced DAPA. That seems like a technicality about a posting requirement. Is it?

Keller: What he did say is the administration needed to go through notice and comment procedures. But I wouldn’t characterize this as a technicality. This is a key feature of what Congress has said. If we’re going to have administrative agencies and we are going to give them and delegate to them power, this is the key mechanism through which there is Democratic participation when administrative agencies take action. So this is not simply a “They didn’t put a piece of paper up on a courthouse door.” They would have received thousands of comments, some of them may very well have caused them to change the actions they were taking, especially given everything that’s come out in this lawsuit.

Now the Fifth Circuit Court said not only was this a procedural violation but it was also substantively unlawful and we’re continuing to press those arguments at the Supreme Court.

TT: When he filed the lawsuit, Gov. Greg Abbott also said, “Look, we have proof this is going to harm Texas based on the unaccompanied immigrant minors that came to Texas in 2014.” Can you walk me through that analogy?

Keller: We have four different arguments for standing (in that Texas has proven that it is a party that’s being directly harmed by Obama’s action). The basis on which both the district court and the Fifth Circuit have said we absolutely have standing on are costs to our driver’s license program. This memo would mean hundreds of thousands of additional unauthorized aliens would become eligible for driver’s licenses and that would impose significant costs on the state of Texas. Another aspect for which we have standing on are costs from education and health care and law enforcement that are caused by additional unauthorized aliens being in the country

And the federal government’s conceded that a policy by which you are going to grant lawful presence and all these benefits will mean there are going to be additional unauthorized aliens in the country and in the state that otherwise wouldn’t stay in the state. So what that means is the state of Texas is going to be spending tens of millions of dollars.

TT: Isn’t the education issue already settled? Isn’t it long-standing policy that if you’re here and you show up to a public school, you have to be given an education?

Keller: Precisely. What that means though is the federal government, as the Supreme Court has interpreted the Constitution, says that states have to spend that money. What this memoranda is doing is it is giving lawful presence and benefits which means – it is not only likely –  but it will cause additional unauthorized aliens to remain in the country and therefore to avail themselves of those services that we are required to perform.

TT: If the (Obama administration’s) … directives to focus on what the government calls the “worst of the worst” have been in place since 2008, why are you all making the assumption that these people that are now going to cost the state money would have left had in not been for this (executive action)?

Keller: Well the district court made that fact finding, so it’s not even just an “assumption.” But second of all, even the federal government has said that this policy obviously has wide impact on the states and the states are going to bear many of the costs of this program. In 2012, the U.S. Supreme Court, in a case called Arizona v. The United States, explicitly recognized that the states have a vast interest in immigration policy and that the states are going to bear the brunt of immigration policy.

TT: What can states do as far as state-based immigration?

Keller: Well in a case called Chamber of Commerce V. Whiting, which was based on employers, states can obviously regulate employers to a degree. There are going to be issues about when federal law preempts state law in an immigration context and we completely acknowledge that. But when we’re talking about the president’s memorandum to grant 4 million unauthorized aliens lawful presence and ineligibility to benefits the issue here is not about preemption, it’s about the separation of powers. When you say “The federal government has wide authority on immigration,” – that’s right. But the Constitution gives that (authority) to Congress.

TT: Would this lawsuit have been filed if it didn’t affect so many people, more than 5 million? At least in the court of public opinion, do you think that had a lot to do with it?

Keller: Obviously the lawsuit was filed  under then-Attorney General Abbott, so I won’t speculate as to the motives. But to go back to your question that every president has done something like this, I don’t think that’s accurate. There is a difference between using discretion to not deport certain people and past presidents have certainly used that discretion. But that’s different than taking the additional steps and saying we’re not going to deport certain people but then we are going to declare them lawfully here and give them benefits.

Typically (as) a use of enforcement discretion, the government is going to say, “We are not going to process this through the system.” For instance, in Colorado where they are not going to process you for low-level marijuana crimes. No one thinks that what the government is doing is saying “You are actually in lawful possession of that low level of marijuana.” But yet here what this (immigration) memo is doing is saying you are lawfully present in the country even though Congress has said it’s unlawful.

Chip Roy: Keller and I both worked for Senator (Ted) Cruz, (a former Solicitor General) and lived through the immigration debates in 2013. Prior to that I was there with Sen. (John) Cornyn, (a former Texas Attorney General), in 2006 and 2007. I bring that up to say that it’s not like this issue has not been debated roundly and heavily. I think that’s relevant here because it goes to the point about what this president is doing. And in light of the fact that this has been debated and in light of the fact that there has been no conclusion reached, the president then unilaterally takes a position that would affect 4 to 5 million people with the stroke of a pen. I don’t know if there’s some magic number – 200,000 or a million or 4 million – but the nature of what the president is doing here matters a lot in the context of the extraordinary debate that we saw on Capitol Hill. Having lived through it, I can tell you that the amount of interaction we had with the American people, that matters and that goes to the heart of this issue. When the American people are engaged, they have real concerns about this policy.

TT: Why was the lawsuit filed in Brownsville? There have been a lot of people who have said that Abbott went shopping for a judge who has been on record about how frustrated he is about the illegal immigration situation. Was that a factor?

Roy: To echo what Scott said, we weren’t here in December. It was the previous administration that made that determination. But I’ll just mention that out of the thousands of cases we deal with, rarely when we’re dealing with lawsuits out in Travis County or filed throughout the state in venues that may or may not be favorable, we don’t often get a lot of venue questions about that. But specifically on this, it’s South Texas. It’s not like this was filed in a jurisdiction that has no connection to the issue at hand. This is in the heart of the area where you’re going to feel the real impact. And there was no guarantee they were going to get Hanen.

TT: Have any recent decisions by the U.S. Supreme Court, either on marriage equality or Obamacare or anything else, affected your strategy on immigration?

Keller: I think the justices take seriously every single case that goes before them. And when they see this case they are going to see an executive that is pushing through a sweeping theory of executive power. And the court takes the separation of powers very seriously and forcing the separation of power is something the court has done for decades.

Roy: I think we don’t get in the prediction business. I know these sound like talking points but it’s actually meaningful that we’ve won three times. The arguments are very strong. The thing we always have to clarify is that this is not an immigration question – this really is a separation of powers question: What does the president have the power to do?It’s actually breathtaking from our perspective the impact that this can have on the power of the executive going forward if it’s not properly checked.

And to be clear it’s certainly not a partisan issue. It does not matter who is in The White House. One of Scott’s predecessors, Sen. Ted Cruz, argued Medllín (v. Texas case). And that was directly against the Bush administration. There are times when it’s important to directly stand up for this core balance of power that’s so critical.

TT: If I may change gears a bit and ask about something else. Attorney General (Ken Paxton) is obviously going through some issues that have been made very public. How is the office functioning since the indictments were handed down? Do you guys communicate a lot with him? Is the issue not mentioned in the office?

Roy: This agency is over 4,000 people of committed public servants, most of whom have predated us and many of who will probably be here after us.  We have 700 and something lawyers, 29,000 cases, we collect $4 billion in child support. It is more than a full-time job for all of us.

We’re in constant communication with the attorney general and we’re focused on doing our job every day to defend the state of Texas. I know that that sounds like some playbook or a talking point. But it’s true.

TT: Have you shouldered more of a leadership role though? I know there are thousands of employees here but you two are probably a lot closer to the attorney general than 3,998.

Roy: The first assistant attorney general, the solicitor general, our head of civil litigation, all of us are charged to manage the daily affairs of this agency and that’s what we’re doing. I don’t know what to compare it to – I didn’t serve in a previous administration. What I know is that the attorney general hired us to do a job and that’s the job that we’re doing.

Author:  – The Texas Tribune

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, politics, government and statewide issues

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