USA TODAY International Edition

‘ FOR US, IT’S ABOUT LIFE’

‘ Dreamer’ lives on pause while waiting for action

- Richard Wolf

The futures of almost 700,000 young undocument­ed “Dreamers” could hang in the balance as the U. S. Supreme Court considers the fate of the Deferred Action for Childhood Arrivals program.

AUSTIN, Texas – A lawyer, a teacher, a graduate student and an undergradu­ate gathered in a sixth- floor courtroom one recent afternoon to discuss their common dreams and nightmares.

The dreams are of futures in the United States filled with college degrees and successful careers, home ownership and happy families.

The nightmares are of losing their college loans, driver’s licenses, jobs – and the only country they call home.

“It feels, in a way, very surreal,” said Anayeli Marcos, 25, who hopes to graduate from the University of Texas’ flagship campus here in May with dual master’s degrees in social work and Latin American studies. “Sometimes it’s a bit overwhelmi­ng, feeling that your fate is in the hands of people who don’t know you.”

The Supreme Court will have the fate of these four “Dreamers” and about 660,000 others in its hands Tuesday when it considers the Trump administra­tion’s decision to end the Deferred Action for Childhood Arrivals program, which has provided a reprieve for some undocument­ed immigrants brought to the United States as children. A ruling on the DACA program is expected next spring in the midst of the 2020 presidenti­al election.

In Austin, where Texas state officials brought the original challenge to both DACA and an ill- fated effort by President Barack Obama to extend similar protection­s to 4 million undocument­ed parents, Pedro Villalobos’ job as an assistant county attorney is at risk.

The state argues in court papers that “Congress has never given the executive carte blanche to grant lawful presence to any alien it chooses not to remove, let alone benefits including work authorizat­ion, health care, unemployme­nt, and a pathway to citizenshi­p.”

Seated in a county courtroom he uses Villalobos, 28, said a defeat at the Supreme Court “would end my service to this community.”

Vanessa Rodriguez, the youngest of the group at 21, has put her plans beyond graduating from the University of Texas on hold because her work permit could disappear along with DACA.

“Part of being undocument­ed is knowing that you have to plan,” she said. “Will I be able to fund myself through the next phase of my life?”

Surgeons and Rhodes scholars

The three cases on the high court’s docket, consolidat­ed from among many others, are significant for several reasons:

❚ They represent a major separation­of- powers wrestling match between the executive and legislativ­e branches of government. Obama created the program without input from Congress. With Texas leading the way, the Trump administra­tion argues that was illegal.

“As attorney general, my purview is law and the Constituti­on,” Texas Attorney General Ken Paxton wrote in USA TODAY last year. “No president has the power to change the law simply because he is upset that Congress failed to enact his favored legislatio­n. Such behavior is not only petulant and childish, but more importantl­y, it trashes the separation of powers, the very foundation of constituti­onal government.”

❚ They constitute the third major immigratio­n battle to reach the court in which the Trump administra­tion has used shifting justifications for its actions. The court ultimately upheld President Donald Trump’s travel ban against several majority- Muslim nations last year but blocked his effort this year to put a citizenshi­p question on the 2020 census.

❚ They advance the Trump administra­tion’s effort to dismantle policies put in place by the Obama administra­tion. The president has been unable to do away with the Affordable Care Act but was more successful in ending Obama’s Clean Power Plan, his signature climate change policy.

❚ Even if Trump wins, the victories may be but a bargaining chip in negotiatio­ns with Congress, in which he could offer to extend DACA protection­s in exchange for increased funding for a border wall with Mexico.

But none of those reasons have attracted as much attention as the “Dreamers” themselves, many of whom came to America before they could walk or talk. About 80% of them are from Mexico. Nearly 10% more arrived from El Salvador, Guatemala and Honduras. Nearly 200,000 live in California, another 100,000 in Texas.

‘ Life- changing implicatio­ns’

Few cases come to the Supreme Court in which one side enjoys such lopsided support.

Nearly every federal court to consider the question has blocked the administra­tion from ending the DACA program. The U. S. Court of Appeals for the 9th Circuit, based in California and a continuing thorn in Trump’s side, ridiculed the effort to deport “blameless and economical­ly productive young people with clean criminal records.”

The Supreme Court’s willingnes­s to hear the case signals a potential win for the White House, but how it wins would be crucial. If the justices say Trump has the same discretion to end the program that Obama had in creating it, a future president just as easily could renew it. If they agree with the Justice Department that it’s unlawful, Congress would have to step in.

Opposing the administra­tion are lawyers representi­ng California, New York, the District of Columbia and an array of “Dreamers.” Nearly three dozen legal briefs have been submitted on their side by groups representi­ng big business, educators, religious institutio­ns, labor unions, law enforcemen­t and national security, along with immigratio­n and civil rights organizati­ons.

“There is no dispute that this decision has life- changing implicatio­ns for nearly 700,000 DACA participan­ts and their families,” the Regents of the University of California told the court.

Throughout the 2- year- old ordeal, the “Dreamers” have been their own best advocates. Scores of them set off two weeks ago to walk from New York City to Washington, D. C. Others are flying in from California, Texas and elsewhere to sit in court, demonstrat­e outside and lobby members of Congress.

 ??  ?? Anayeli Marcos, 25
Anayeli Marcos, 25
 ??  ?? Pedro Villalobos, 28
Pedro Villalobos, 28
 ??  ?? Pedro Villalobos, 28, a Travis County prosecutin­g attorney at the, is among the DACA recipients awaiting a decision. ERICH SCHLEGEL/ FOR USA TODAY
Pedro Villalobos, 28, a Travis County prosecutin­g attorney at the, is among the DACA recipients awaiting a decision. ERICH SCHLEGEL/ FOR USA TODAY
 ??  ?? Marcos
Marcos

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