In
November 2014, President Barack Obama announced a series of administrative
reforms to his immigration policies, collectively known as executive action on
immigration. The centerpiece of these
reforms are two deferred action programs—Deferred Action for Parents of
Americans and Lawful Permanent Residents (DAPA) and an expanded version of an
existing program called the Deferred Action for
Childhood Arrivals
(DACA). These programs have been tied up in litigation. On January 19, 2016, the
Supreme Court announced that it will review a lower court’s ruling which
has blocked implementation of the programs. The Supreme Court is likely to hear
oral arguments in April 2016. A decision is expected in the case, United States v. Texas, by the end of
June 2016.
Without
a doubt, the deferred action programs, which taken together could provide as
many as 5 million immigrants with temporary relief from deportation, will
continue to be a fixture in the presidential election year. As such, it is a rich opportunity in the classroom to: extend critical discussions on the separation
of powers, examine the effects of
policy on individuals, and analyze the
arguments made by both sides to help students become civically engaged and
informed.
In
light of the continuous stream of
misinformation and inflammatory comments in the politicized immigration debate, these
executive actions are no exception.
We
seek to address how teachers can use this timely and relevant case with updates
we’ve made to our lessons on executive action that allow high school students
to examine the issue both critically and creatively. Our lessons are aligned to
the Common Core and C3Framework for Social Studies Standards.
Additionally,
we explain below some basic information on executive action as well as links
for further understanding the legal challenges.
Engaging, Adaptable Lessons
As suggested by the title, students will apply inductive reasoning skills about individual school policies set by the principal in order to understand what execution action is and what its limitations are.
The President’s executive action on immigration has
been greeted with joy, relief, sadness, and contempt. How can one decision
trigger so many varied responses? By weaving non-fiction accounts into creative
writing, students will be able to write their way into understanding the
multiple perspectives that surround this immigration issue. Importantly,
the lesson uses multimedia to engage students and provide the relevant context
and background information for the lesson.
To view a related resource for the classroom, see:
- “Supreme Court to review Obama’s power on deportation policy” (The Washington Post, January 2016) We recommend students watch the brief “Immigration by the Numbers” video (0:56) included in this article.
If You Want to Learn More… Here’s a Brief Summary
There
are more than 11 million undocumented immigrants living in the United States.
In 2012, the Obama administration allowed young
immigrants
who were brought here as children to apply for renewable two-year deportation
deferrals, work permits and social security cards. This original program, called
DACA, is still in effect and is not challenged by the lawsuit United States v. Texas.
The
reforms in the 2014 executive action range from temporary protections for an
expanded group of unauthorized young people (expanded DACA) and for certain
parents (DAPA), to modernizing and streamlining the visa application process,
to new guidance to better prioritize the immigration agencies’ use of their
limited enforcement resources.
The
centerpiece (and most debated) of these reforms is an expansion of the current DACA initiative and the creation of the DAPA initiative for the
parents of U.S. citizens and lawful permanent residents who meet certain
criteria — including passing a
background check and having lived in the country at least five years. Together,
these initiatives could provide as many as 5 million immigrants with temporary relief from deportation.
The
Obama administration’s executive action was subsequently challenged by 26
states and blocked by lower courts. The Fifth Circuit Court
of Appeals upheld a trial court decision to enjoin, or halt, expanded DACA and
DAPA. The federal government then requested that Supreme Court hear the case
(this is called a petition for certiorari),
and Seven groups filed amicus (or
“friend of the court”) briefs in support of the request. The Supreme
Court agreed to review the case in January 2016.
To view related, more detailed resources, see:
- A Guide to the Executive Action (Special Report, November 2014)
- Executive Grants of Temporary Immigration Relief, 1956-Present (Fact Sheet, October 2014) *A close read of this short policy report for students is included in the “Just What is Executive Action?” lesson.
- Understanding the Legal Challenges to Executive Action (January 2016)
We
seek to connect teachers and students with the most relevant, fact-based
information to teach immigration critically and creatively – at no cost. If
you like our work, please share this email, tell a friend and give them
this link http://bit.ly/1KdE5Zz to receive updates
and free resources such as lesson plans, books reviews, and community grants. Follow us on twitter
@ThnkImmigration #teachimmigration.
