Farmworker Justice Immigration Update 5/18/15

Tomorrow marks the date that the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA) was supposed to begin. On this day, the parents of U.S. citizen and lawful permanent resident children should have been able to come forward to apply for temporary protection from deportation and work authorization.

Unfortunately, President Obama’s DAPA and expanded DACA programs remain enjoined by a Texas federal district court order. We are still awaiting a decision on the Obama Administration’s expedited request to stay the injunction, which was argued on April 17. The Administration is also appealing the injunction via normal procedure, and the briefing of the legal issues is ongoing, with oral arguments tentatively scheduled for early July. Last week, more than 100 Republican members of Congress submitted an amicus brief supporting Texas and urging the 5th Circuit to uphold the district court’s injunction, arguing that the President exceeded his authority by creating the new DAPA and expanded DACA program. NILC has prepared an overview of the legal scenarios in the Texas v US case which provides some additional detail about possible outcomes at this point.

To honor this day and to send a clear message of support for DAPA and expanded DACA, groups from around the country will engage in actions tomorrow. For more information about events in your area, please click here.

One final issue that has arisen as a result of the district court’s injunction relates to work permits issued under the 2012 DACA program. Under President Obama’s November 2014 immigration actions, DACA work permits were to be extended from 2 to 3 years. As part of the injunction, however, DHS was enjoined from issuing 3-year work permits. Because some 2,000 3-year work permits were issued after the injunction, DHS is now in the process of replacing those 3-year work-permits with 2-year ones. This may be causing some confusion in the community, so please let us know if you hear of any concerns or other experiences.

In other news, the House anti-immigrant members have acted yet again, this time voting 221-202 in support of an amendment by Rep. Mo Brooks (R-AL) that struck a provision in the defense authorization bill encouraging the Secretary of Defense to allow DACA individuals to enlist in the armed forces. The provision had been offered by Rep. Gallego (D-AZ) and added to the defense authorization bill during the committee markup.

One interesting development for farmworkers is taking place in our neighbor Mexico. After weeks of strikes and unrest, the Mexican government reportedly has agreed to subsidize farmworkers’ wages in the state of Baja California. Farmworkers are demanding a minimum daily wage of $13. Details of the agreement are yet to be reached, including the grower and government distribution of the wage increase. Much of the produce—strawberries, tomatoes, and other vegetables—is exported to the US where consumers may pay close to a Mexican worker’s full day of wages for just one pack of strawberries.

Finally, as we mentioned in our previous update, the DOL is engaging in long overdue rulemaking for H-2A sheepherders and other range livestock workers. An overview of the proposal is attached. We will circulate sign-on comments shortly. 

Tomorrow marks the date that the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA) was supposed to begin. On this day, the parents of U.S. citizen and lawful permanent resident children should have been able to come forward to apply for temporary protection from deportation and work authorization.

Unfortunately, President Obama’s DAPA and expanded DACA programs remain enjoined by a Texas federal district court order. We are still awaiting a decision on the Obama Administration’s expedited request to stay the injunction, which was argued on April 17. The Administration is also appealing the injunction via normal procedure, and the briefing of the legal issues is ongoing, with oral arguments tentatively scheduled for early July. Last week, more than 100 Republican members of Congress submitted an amicus brief supporting Texas and urging the 5th Circuit to uphold the district court’s injunction, arguing that the President exceeded his authority by creating the new DAPA and expanded DACA program. NILC has prepared an overview of the legal scenarios in the Texas v US case which provides some additional detail about possible outcomes at this point.

To honor this day and to send a clear message of support for DAPA and expanded DACA, groups from around the country will engage in actions tomorrow. For more information about events in your area, please click here.

One final issue that has arisen as a result of the district court’s injunction relates to work permits issued under the 2012 DACA program. Under President Obama’s November 2014 immigration actions, DACA work permits were to be extended from 2 to 3 years. As part of the injunction, however, DHS was enjoined from issuing 3-year work permits. Because some 2,000 3-year work permits were issued after the injunction, DHS is now in the process of replacing those 3-year work-permits with 2-year ones. This may be causing some confusion in the community, so please let us know if you hear of any concerns or other experiences.

In other news, the House anti-immigrant members have acted yet again, this time voting 221-202 in support of an amendment by Rep. Mo Brooks (R-AL) that struck a provision in the defense authorization bill encouraging the Secretary of Defense to allow DACA individuals to enlist in the armed forces. The provision had been offered by Rep. Gallego (D-AZ) and added to the defense authorization bill during the committee markup.

One interesting development for farmworkers is taking place in our neighbor Mexico. After weeks of strikes and unrest, the Mexican government reportedly has agreed to subsidize farmworkers’ wages in the state of Baja California. Farmworkers are demanding a minimum daily wage of $13. Details of the agreement are yet to be reached, including the grower and government distribution of the wage increase. Much of the produce—strawberries, tomatoes, and other vegetables—is exported to the US where consumers may pay close to a Mexican worker’s full day of wages for just one pack of strawberries.

Finally, as we mentioned in our previous update, the DOL is engaging in long overdue rulemaking for H-2A sheepherders and other range livestock workers. An overview of the proposal is attached. We will circulate sign-on comments shortly.