NEW ORLEANS: Immigrants who grew up in the United States after being brought here illegally as children will be among demonstrators outside a federal courthouse in New Orleans on Thursday as three appellate judges hear arguments over the Biden administration’s policy shielding them from deportation.
At stake in the long legal battle playing out at the 5th US Circuit Court of Appeals is the future of about 535,000 people who have long-established lives in the US, even though they don’t hold citizenship or legal residency status and they live with the possibility of eventual deportation.
“No matter what is said and done, I choose the US and I have the responsibility to make it a better place for all of us,” Greisa Martinez Rosas, said Wednesday. She is a beneficiary of the policy and a leader of the advocacy group United We Dream. She plans to travel from Arizona to attend a rally near the court, where hundreds of the policy’s supporters are expected to gather.
The panel hearing arguments won’t rule immediately. Whatever they decide, the case will almost certainly wind up at the US Supreme Court.
Former President Barack Obama first put the Deferred Action for Childhood Arrivals program in place in 2012, citing inaction by Congress on legislation aimed at giving those brought to the US as youngsters a path to legal status and citizenship. Years of litigation followed. President Joe Biden renewed the program in hopes of winning court approval.
But in September 2023, US District Judge Andrew Hanen in Houston said the executive branch had overstepped its authority in creating the program. Hanen barred the government from approving any new applications, but left the program intact for existing recipients, known as “Dreamers,” during appeals.
Defenders of the policy argue that Congress has given the executive branch’s Department of Homeland Security authority to set immigration policy, and that the states challenging the program have no basis to sue.
“They cannot identify any harms flowing from DACA,” Nina Perales, vice president of the Mexican American Legal Defense and Education Fund, said in a news conference this week.
Texas is leading a group of Republican-dominated states challenging the policy. The Texas Attorney General’s Office did not respond to an emailed interview request. But in briefs, they and other challengers claim the states incur hundreds of millions of dollars in health care, education and other costs when immigrants are allowed to remain in the country illegally. The other states include Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.
Among those states’ allies in court briefs is the Immigration Reform Law Institute. “Congress has repeatedly refused to legalize DACA recipients, and no administration can take that step in its place,” the group’s executive director, Dale L. Wilcox, said in a statement earlier this year.
The panel hearing the case consists of judges Jerry Smith, nominated to the 5th Circuit by former President Ronald Reagan; Edith Brown Clement, nominated by former President George W. Bush; and Stephen Higginson, nominated by Obama.
Immigrants brought to US as children are asking judges to uphold protections against deportation
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Immigrants brought to US as children are asking judges to uphold protections against deportation
- At stake is the future of about 535,000 people who have long-established lives in the US, even though they don’t hold citizenship or legal residency status
Russia committed ‘crimes against humanity’ in deporting Ukrainian children: UN inquiry
- The inquiry said Russia had deported or transferred “thousands” of children from occupied areas of Ukraine, of which it had so far confirmed 1,205 cases
- “Four years on, 80 percent of the children deported or transferred in the cases investigated by the commission have not returned,” it said
GENEVA: Moscow’s deportation and forcible transfer of children from Ukraine to Russia amounts to a crime against humanity, a United Nations team of investigators said Tuesday.
The UN’s Independent International Commission of Inquiry on Ukraine said it had collected evidence leading it to conclude that “Russian authorities have committed the crimes against humanity of deportation and forcible transfer, as well as of enforced disappearance of children.”
The probe was established by the UN Human Rights Council shortly after Moscow launched its full-scale invasion of Ukraine in February 2022.
The inquiry said Russia had deported or transferred “thousands” of children from occupied areas of Ukraine, of which it had so far confirmed 1,205 cases.
“Four years on, 80 percent of the children deported or transferred in the cases investigated by the commission have not returned,” it said.
Moscow has failed to establish a system facilitating returns, and has instead focused on long-term placement of the children with families or institutions in Russia, while relatives were not informed of their fate.
The commission confirmed its previous finding that Russian authorities had unlawfully deported and transferred children — as a war crime — “and that they have unjustifiably delayed their repatriation, which is also a war crime.”
These measures “were not guided by the best interests of the child,” and have violated international law, the probe found.
- Putin cited -
It said the involvement of Russian President Vladimir Putin, “including through his direct authority over entities that have steered and executed this policy, has been visible from the outset.”
In 2023, the International Criminal Court issued a war crimes arrest warrant against Putin, accusing him of “unlawfully deporting” Ukrainian children.
The issue is highly sensitive in Ukraine and remains central to negotiations for a potential peace agreement between Kyiv and Moscow.
According to Kyiv, nearly 20,000 Ukrainian children have been forcibly removed since Russia’s full-scale invasion.
Russia insists it has moved some Ukrainian children from their homes or orphanages to protect them from hostilities.
As for Russian trials in the context of its invasion of Ukraine, the commission found that Russian authorities have “systematically fabricated evidence” and “systematically violated a range of fair trial guarantees,” while judges “have not acted with independence and impartiality.”
- ‘Extreme violence’ -
The commission also probed the situation of nationals from 17 countries who were recruited — either voluntarily or through deception — to fight with Russian troops in Ukraine.
They included men from Azerbaijan, Belarus, Brazil, Cuba, Egypt, Ghana, India, Iraq, Kazakhstan, Kenya, Nepal, Somalia, Sri Lanka, Tajikistan, Turkiye and Yemen.
“After training, usually lasting between one week and 30 days, they were forced to serve on frontlines in Ukraine, often assigned extremely dangerous duties,” the commission said in its report.
Commanders arbitrarily imposed “extreme violence” as punishment for refusing orders that meant almost certain death, with soldiers describing being treated like “cannon fodder,” sent on “meat assaults” without training or necessary equipment, and “forced to advance at all costs.”
“The evidence collected demonstrates abusive behavior, cruelty, humiliation, inhuman treatment, and a total disregard for human life and dignity, perpetrated with a sense of impunity,” the report said.
Regarding Ukraine, the report voiced concern about the overly broad definition and sometimes distorted interpretation of the crime of “collaboration.”
The commission also said reports regarding violent treatment of conscientious objectors during Ukrainian mobilization were “a source of concern.”
The report will be presented at the Human Rights Council in Geneva on Thursday.
Moscow does not recognize the commission and does not answer its requests for access, information and meetings.
