Federal judge strikes down Biden policy shielding select undocumented spouses of US citizens from deportation
Updated: 7:19 PM CST Nov 7, 2024
INTO THE PRESIDENTIAL ELECTION IS THE ECONOMY AFTER THAT, VOTERS SAY THEY CARE ABOUT LEADERSHIP AND THEN IMMIGRATION. THATāS ACCORDING TO GALLUP POLLING FROM JULY. BUT MY NEXT GUEST SAYS SIMPLY SAYING IMMIGRATION TO A POLLSTER DOESNāT TELL YOU WHERE VOTERS ACTUALLY STAND ON THE ISSUE. ITāS A COMPLICATED ONE. AND HIS RESEARCH SHOWS THAT VOTERS FEELINGS ABOUT IT ARE EVOLVING. ERNESTO CASTANEDA IS THE DIRECTOR OF THE IMMIGRATION LAB AT AMERICAN UNIVERSITY. ITāS SO NICE TO HAVE YOU. THANK YOU FOR JOINING ME. THANK YOU. SOLEDAD, LETāS BEGIN MAYBE WITH A HISTORY 101 ABOUT THE DEBATE OVER IMMIGRATION IN THE UNITED STATES. THERE WAS A LULL IN IMMIGRATION AFTER WORLD WAR TWO, AND THEN THERE WAS A BIG CHANGE TO THE LAW IN 1965 WITH THE OPENING TO FAMILY REUNIFICATION AND THE IDEA THAT PEOPLE IN CONGRESS HAD IS THAT IN THAT WAY, MORE EUROPEANS WILL KEEP COMING TO THE UNITED STATES. WHAT HAPPENED IN REALITY IS THAT THAT OPENED THE DOORS FOR THE ASIAN FAMILIES AND THE LATINO FAMILIES WHO WERE ESTABLISHED IN THE US TO BRING THEIR FAMILY MEMBERS LEGALLY AT THE SAME TIME, WE START SEEING THE EFFECTS OF THE END OF THE GUEST WORKER PROGRAM DEMANDED BY AGRICULTURE SECTORS AND OTHER EMPLOYERS THAT ENDED. AND THEN THAT BECOMES AN INFORMAL LABOR MARKET OF WHAT BECOMES WHAT WE CALL NOW UNDOCUMENTED MIGRATION. AND THEN THE THIRD ELEMENT THAT CHANGES IS THAT IN THE 80S, WITH A LOT OF CIVIL WARS IN CENTRAL AMERICA, YOU SEE A LOT OF PEOPLE COMING LOOKING FOR ASYLUM THAT WERE NOT GIVEN THE STATUS OF REFUGEES BECAUSE THE US HAD FRIENDLY RELATIONSHIPS WITH THE REGIME IN CENTRAL AMERICA. WHEN POLLSTERS TALK ABOUT IMMIGRATION, YOU KNOW, OFTEN ITāS VERY GENERIC. WHAT HAVE YOU FOUND IN YOUR RESEARCH ABOUT HOW AMERICANS POLE AROUND IMMIGRATION? SO FOR SOME PEOPLE, YES, WHEN THEY THINK ABOUT IMMIGRATION, THEY THINK ABOUT BORDER SECURITY. THAT IS A PHRASE THAT WE HEAR OFTEN FROM WASHINGTON, FROM POLITICIANS, ESPECIALLY SINCE NINE OVER 11. FOR OTHER PEOPLE IS UNDOCUMENTED WORKERS, FOR OTHER PEOPLE, MAYBE THE PEOPLE SLEEPING TEMPORARILY IN THE STREETS OR IN HOTELS AND SHELTERS AND FOR OTHERS, ITāS JUST HOW WHEN CAN WE PASS A HUMANE LAW TO HELP PEOPLE ESCAPING HORRIBLE SITUATIONS IN HAITI, VENEZUELA, UKRAINE AND AFGHANISTAN? HOW DOES IMMIGRATION PERFORM? IF YOU WILL, AS AN ISSUE WHEN YOUāRE TALKING ABOUT A TIGHT CONGRESSIONAL RACE, SENATE RACE, PRESIDENTIAL RACE, WE HAVE DONE RESEARCH SINCE THE 2018 MIDTERM ELECTIONS AND SINCE THEN WE HAVE LOOKED AT CONGRESSIONAL RACES OR GUBERNATORIAL RACES THAT ARE CLOSED. SO IN THESE SWING STATES, IN THESE PURPLE STATES, WE SEE THAT IMMIGRATION IS NOT A WINNING THING. KRIS KOBACH WAS ONE OF THE HARDEST ADVISERS FOR PRESIDENT TRUMP ON IMMIGRATION. HE RAN FOR GOVERNOR AND HE LOST. AND LIKE THAT, WE HAVE COUNTED DOZENS OF CASES EVERY ELECTION WHERE BEING PRO-IMMIGRANT FOR THE DEMOCRATS HAVENāT HASNāT AFFECTED THEM. MANY GOT ELECTED. SAME THING. MANY THEY TEND TO BE REPUBLICANS WHO ARE ANTI-IMMIGRANT. THEY HAVE LOST MANY ELECTIONS. SO ITāS NOT THAT WINNING ISSUE THAT PEOPLE THINK. AND ITāS ALSO WHEN ITāS WHEN ITāS USEFUL ELECTORALLY IS TEMPORARY. ITāS PROBABLY ONE OF THE ISSUES THAT BROUGHT TRUMP TO THE FORE, MADE HIM POPULAR IN 2016. TALKING AGAINST MEXICANS IN PARTICULAR, THE BORDER WALL. HE WAS IN OFFICE. HE DIDNāT CHANGE THE DYNAMICS VERY MUCH IN 2020. HE WAS TRYING TO SCARE PEOPLE ABOUT THE CARAVANS. IT DIDNāT WORK. AND NOW HEāS TALKING ABOUT PEOPLE COMING FROM ASYLUMS, WHICH IS NOT TRUE. HEāS PROBABLY REFERRING MORE TO PEOPLE COMING FROM CUBA AND VENEZUELA TODAY. ITāS A QUESTION MARK WHETHER. THATāS GOING TO FUNCTION FOR HIM ELECTORALLY. I DONāT THINK SO. WHAT DO YOU THINK ARE THE CHANCES THAT, AS WE HEAD INTO 2025, IN FACT, WEāRE GOING TO SEE PROGRESS ON THIS ISSUE. ITāS A PRIORITY FOR EMPLOYERS THAT CANNOT FIND ENOUGH WORKERS. THEREāS AROUND 1.5 OPENING JOBS FOR EVERY ONE WORKER AVAILABLE. SO EVEN IF WE HIRE EVERYBODY THAT DOESNāT HAVE A JOB TODAY, THEY WILL STILL BE MORE JOBS TO BE FILLED. THE WHITE HOUSE HAS VERY STRONG OPINIONS ON MIGRATION AND FROM ONE SIDE, TRUMP DEPORTING A LOT OF PEOPLE AND DOUBLING DOWN ON THE POLICIES THEY DID LAST TIME AROUND. AND THE KAMALA ADMINISTRATION WITH WALLS WILL BE TRYING TO BRING THESE PEOPLE INTO THE AMERICAN FOLD IN A LEGAL FASHION. SO THE QUESTION REALLY LIES IN THE SENATE. WHAT PARTY HAS HOW MANY VOTES? AND THEN BECAUSE OF THE FILIBUSTER, THEY WILL NEED TO BE A BIPARTISAN AGREEMENT. ERNESTA CASTANEDA, THANK YOU SO MUCH FOR TALKING WITH ME. DIRECTOR OF
Federal judge strikes down Biden policy shielding select undocumented spouses of US citizens from deportation
Updated: 7:19 PM CST Nov 7, 2024
A federal judge on Thursday struck down the Biden administrationās āparole in placeā policy that gave legal status to certain undocumented individuals who are married to U.S. citizens.Related video above: How immigration policy impacts electionsU.S. District Judge J. Campbell Barker had previously put an administrative hold on the regulation, rolled out earlier this year when President Joe Biden was running for reelection, as the judge considered the lawsuit brought by Texas and 15 other states. The policy shielded select undocumented spouses of U.S. citizens from deportation and allowed them to work legally in the country as they sought citizenship.In his Thursday ruling on the merits of their case, Barker, appointed by President-elect Donald Trump during his first term, said that Congress had not given the executive branch the authority to implement such a policy. He wrote that āhistory and purpose confirm that defendantsā viewā of the relevant immigration law āstretches legal interpretation past its breaking point.āThe case is one of several ongoing legal challenges to Biden administration policies that the incoming Trump administration may refuse to defend after the White House changes hands.Barker rejected a request by individuals who benefited from the program to intervene in the case so that they could also defend the policy.
A federal judge on Thursday struck down the Biden administrationās āparole in placeā policy that gave legal status to certain undocumented individuals who are married to U.S. citizens.
Related video above: How immigration policy impacts elections
U.S. District Judge J. Campbell Barker had previously put an administrative hold on the regulation, rolled out earlier this year when President Joe Biden was running for reelection, as the judge considered the lawsuit brought by Texas and 15 other states. The policy shielded select undocumented spouses of U.S. citizens from deportation and allowed them to work legally in the country as they sought citizenship.
In his Thursday ruling on the merits of their case, Barker, appointed by President-elect Donald Trump during his first term, said that Congress had not given the executive branch the authority to implement such a policy. He wrote that āhistory and purpose confirm that defendantsā viewā of the relevant immigration law āstretches legal interpretation past its breaking point.ā
The case is one of several ongoing legal challenges to Biden administration policies that the incoming Trump administration may refuse to defend after the White House changes hands.
Barker rejected a request by individuals who benefited from the program to intervene in the case so that they could also defend the policy.