{"id":10460,"date":"2016-08-25T08:25:17","date_gmt":"2016-08-25T15:25:17","guid":{"rendered":"https:\/\/www.nilc.org\/?p=10460"},"modified":"2016-10-13T11:24:32","modified_gmt":"2016-10-13T18:24:32","slug":"ny-dreamer-challenges-injunction","status":"publish","type":"post","link":"https:\/\/www.nilc.org\/2016\/08\/25\/ny-dreamer-challenges-injunction\/","title":{"rendered":"New York Dreamer Challenges Nationwide Immigration Injunction"},"content":{"rendered":"
[vc_row el_class=”holder” css=”.vc_custom_1444345515294{margin-top: -90px !important;}”][vc_column][vc_row_inner][vc_column_inner][\/vc_column_inner][\/vc_row_inner][vc_row_inner][vc_column_inner width=”3\/4″][vc_column_text]FOR IMMEDIATE RELEASE<\/strong>
\nAugust 25, 2016<\/p>\n

CONTACT<\/strong>
\nJuan Gastelum, National Immigration Law Center, gastelum@nilc.org<\/a>, 213-375-3149
\nDaniel Altschuler, Make the Road New York, daniel.altschuler@maketheroadny.org<\/a>, 917-494-5922
\nWill Bloom, Worker and Immigrant Rights Advocacy Clinic, Yale Law School, willem.bloom@clinics.yale.edu<\/a>, 610-570-0806<\/p>\n

COMPLAINT<\/strong><\/a> (PDF)<\/p>\n

New York Dreamer Challenges Nationwide Immigration Injunction<\/strong><\/h1>\n

Suit alleges order by Texas judge not binding in NY, president\u2019s program should proceed<\/em><\/h2>\n

NEW YORK \u2014 A first-of-its-kind lawsuit<\/a> today opened up a new front in the defense of the Obama administration\u2019s 2014 immigration relief initiatives, known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (expanded DACA).<\/p>\n

The lawsuit filed in the U.S. District Court for the Eastern District of New York by Mart\u00edn Batalla Vidal, a DACA recipient, challenges the reach of the unlawfully broad injunction in United States v. Texas<\/em>, the case brought by Texas and 25 other states challenging DAPA and expanded DACA. If successful, the new lawsuit would fix a wrongdoing suffered by thousands of DACA recipients who are not party to the Texas <\/em>case and could reinstate both initiatives in some parts of the country, providing relief for millions of families.<\/p>\n

\u201cWhen I first filed for DACA, I was excited to get a three-year work permit and move forward with my life,\u201d said Batalla Vidal, a member of Make the Road New York who is studying to be a medical assistant and also works to help support his family. \u201cThat was taken away by one judge in Texas, and it\u2019s not fair for me and for thousands of others affected. I\u2019m filing this lawsuit for myself and the thousands of others like me who have been wronged by this judge\u2019s decision.\u201d<\/p>\n

Batalla Vidal, 25, is a longtime resident of New York who came to the U.S. from Mexico when he was seven years old. He is represented by Make the Road New York (MRNY), the National Immigration Law Center (NILC), and the Worker and Immigrant Rights Advocacy Clinic (WIRAC) at Yale Law School.<\/p>\n

In February 2015, U.S. Citizenship and Immigration Services approved Batalla Vidal for a three-year work permit under newly issued rules for DACA. That same month, Judge Andrew S. Hanen, of the federal district court in Southern Texas, issued an injunction that blocked DAPA and the expansion of DACA nationwide based on claims of incurred costs by Texas. The federal government relied on that injunction to wrongfully revoke three-year work permits that had been issued to thousands of DACA recipients across the country, including to Batalla Vidal.<\/p>\n

\u201cMart\u00edn and many others like him are being hurt by a lawsuit in which Texas is the only state that any court has said could stand to lose as a result of the DAPA program,\u201d said Melissa Keaney, a staff attorney with the National Immigration Law Center. \u201cBut, the burden of this injunction is painfully real for Mart\u00edn and the many others impacted. Filing for a renewal of DACA every two years is costly and time-intensive, and it can prevent people from fulfilling academic and professional goals or taking on other major life steps that require advance planning.\u201d<\/p>\n

Through this lawsuit, Batalla Vidal seeks reinstatement of his three-year work permit because its revocation on the basis of the overbroad injunction was unlawful. Furthermore, by challenging the scope of the Texas <\/em>injunction, the lawsuit could lead to the reinstatement of DAPA and expanded DACA for millions of families in states that are not part of the Texas<\/em> lawsuit.<\/p>\n

\u201cThe government itself has said the judge in Texas lacked jurisdiction to apply his injunction here in New York,\u201d said Will Bloom, a law student intern in the Worker and Immigrant Rights Advocacy Clinic at Yale Law School. \u201cJudge Hanen has confused Brownsville, Texas, with Brownsville, Brooklyn.\u201d<\/p>\n

Announced in 2012, DACA allows some young undocumented immigrants such as Batalla Vidal who came to the U.S. as children to live and work in the country temporarily if they meet certain eligibility requirements.<\/p>\n

In November 2014, the Obama administration sought to build on the success of that initiative by expanding eligibility requirements to more immigrant youth and by creating the DAPA program, which would similarly allow some undocumented parents of U.S. citizen and lawful permanent resident children to live and work in the country temporarily. At the same time, the Department of Homeland Security announced that new and renewing DACA applicants would be approved for three- rather than two-year periods. U.S. Citizenship and Immigration Services began issuing three-year work permits that same month.<\/p>\n

In December 2014, Texas and 25 other states sued to stop the implementation of DAPA and expansion of DACA. In February 2015, Judge Hanen issued a nationwide injunction blocking both programs. The case made its way to the U.S. Supreme Court, which in June of this year deadlocked 4-4 on the case, issuing no decision.<\/p>\n

Batalla Vidal\u2019s own home state of New York has attested to the benefits of DACA and DAPA, including before the Supreme Court.<\/a><\/p>\n

\u201cNew York and its leaders have embraced immigrant communities and President Obama\u2019s immigration relief,\u201d said Javier H. Valdes, co-executive director of Make the Road New York. \u201cThere\u2019s no reason the injunction from Texas should block progress in New York and similar states. It\u2019s time to right the wrong done to these families by Judge Hanen and take long-overdue steps to keep families together.\u201d<\/p>\n

Approximately 60 percent<\/a> of individuals eligible for DAPA and expanded DACA live outside of states involved in the Texas<\/em> case.<\/p>\n

The complaint filed today is available at www.nilc.org\/wp-content\/uploads\/2016\/08\/Batalla-Vidal-v-Baren-et-al-complaint-2016-08-25.pdf<\/a>.<\/p>\n

# # #[\/vc_column_text][\/vc_column_inner][vc_column_inner width=”1\/4″ css=”.vc_custom_1446077129866{margin-top: -15px !important;}”][vc_widget_sidebar sidebar_id=”sidebar-1″][\/vc_column_inner][\/vc_row_inner][vc_row_inner][vc_column_inner][vc_column_text]\n[\/vc_column_text][\/vc_column_inner][\/vc_row_inner][\/vc_column][\/vc_row]\n<\/div>","protected":false},"excerpt":{"rendered":"

[vc_row el_class=”holder” css=”.vc_custom_1444345515294{margin-top: -90px !important;}”][vc_column][vc_row_inner][vc_column_inner][\/vc_column_inner][\/vc_row_inner][vc_row_inner][vc_column_inner width=”3\/4″][vc_column_text]FOR IMMEDIATE RELEASE August 25, 2016 CONTACT Juan Gastelum, National Immigration Law Center, gastelum@nilc.org, 213-375-3149 Daniel Altschuler, Make the Road New York, daniel.altschuler@maketheroadny.org, 917-494-5922 Will Bloom, Worker and Immigrant Rights Advocacy Clinic, Yale Law School, willem.bloom@clinics.yale.edu, 610-570-0806 COMPLAINT (PDF) New York Dreamer Challenges Nationwide Immigration Injunction Suit alleges order by […]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[83,2],"tags":[],"_links":{"self":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts\/10460"}],"collection":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/comments?post=10460"}],"version-history":[{"count":6,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts\/10460\/revisions"}],"predecessor-version":[{"id":10760,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/posts\/10460\/revisions\/10760"}],"wp:attachment":[{"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/media?parent=10460"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/categories?post=10460"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nilc.org\/wp-json\/wp\/v2\/tags?post=10460"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}