Dear Colleagues,
Today, July 6, 2022, attorneys with the Mexican American Legal Defense and Educational Fund (MALDEF), the State of New Jersey, and the U.S. Department of Justice will present oral arguments before the U.S. Court of Appeals for the Fifth Circuit located in New Orleans. The hearing involves a Texas-led challenge to Deferred Action for Childhood Arrivals (DACA).
MALDEF represents DACA recipients who intervened in the case and are appealing a 2021 ruling by U.S. District Court Judge Andrew S. Hanen. That ruling was made without a full trial and based on evidence submitted up to that point in the case that Judge Hanen deemed undisputed. In his ruling, the judge concluded that Texas had standing to challenge DACA, that the 2012 DACA memo exceeded the executive branch's authority, and that it violated the Administrative Procedure Act (APA) and therefore was unlawful. He stayed his injunction vacating the DACA memo pending a later court order, allowing individuals with DACA to renew but blocking DHS from processing any first-time DACA applications.
This hearing, coming just days after celebrating American Independence, will have a tremendous impact on clients and communities many of you serve. There are more than 611,000 immigrants enrolled in the program, according to U.S. Citizenship and Immigration Services. The case before the 5th U.S. Circuit Court of Appeals today could impact hundreds of thousands of immigrants who rely on the program as well as those who might benefit.
Studies show that undocumented immigrants have increased rates of fear and distrust of the U.S. legal system, causing decreased participation in civic life, including advocacy efforts. They also have a decreased likelihood of using the legal system even when they are victims of illegal activities. This distrust can extend to the health care system and act as a barrier to care. [i]
The American Psychiatric Association has also noted that undocumented immigrants often experience trauma at various stages of the migration process:
- Before: Financial issues, sense of failure, escape from violence, poverty, political oppression, threats, or disasters.
- During: Violence, environmental hazards, abandonment/separation, witnessing death.
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After: Limited resources given their status, intra- and interpersonal conflict, stress from adjusting to their new environment, exploitation, fear of deportation. [ii]
Please see the resources below to learn more about today's hearing and the implications for communities in California and across the nation. CBHA stands with all people's rights to pursue behavioral health services and be treated with compassion and care.
In Service,
CBHA Staff