Action #1 – Don’t give Kavanaugh a free pass on immigration issues.
Everyone is focused on how he’ll overbalance the court into making extremist and unpopular decisions on Roe vs Wade, the Affordable Care Act, executive power, voting rights, and affirmative action, while protecting Trump from legal jeopardy. However, there are a number of immigration cases that are working their way up through lower courts that will come before SCOTUS too and he has already proven his hostility towards them.
So, guess how Kavanaugh will vote on cases regarding these issues…
- DACA: Two different federal judges, two conflicting outcomes. This will be going to the Supreme Court. (C-span)(vox)
- Sanctuary: The rights of states and cities versus federal agencies in immigration enforcement. (thehill)
- Incarcerating children: The government’s right to separate groups as they please, including children, overruling the Flores agreement.(nytimes)
- Bond hearings: The ability to detain immigrants without bond. (wapo)
- Incarceration without limit: The government’s right to keep immigrants locked up in a detention facility indefinitely if the government is unable to deport them to their native country. The 2001 Zadvydas v. Davis decision that stopped this was a 5-4 decision.
- Removing citizenship: The government’s right to remove citizenship from those who live next to the border, effectively creating stateless refugees (slate)
- Right to education: Undocumented children’s right to attend public school regardless of immigration status ( Plyler v. Doe 1982) (LAtimes)
- Birthright citizenship: (US v. Wong Kim Ark 1898) This is currently under attack, by Trump and others, and a future Supreme Court could hold that the 14th amendment does not confer automatic citizenship on the children of parents in the US without legal authorization. (wapo)
- “Public Charge” restrictions: The government’s right to prevent immigrants from achieving citizenship or permanent residency if they legally accessed safety net programs in the past.