In 2018, 18.3 million people lived in mixed-status families in the United States. A mixed-status family has at least one member who is an undocumented immigrant. Hundreds of thousands of young DACA (Deferred Action for Childhood Arrivals) recipients live in these mixed-status households with one or both parents undocumented as well as younger siblings who are citizens. Everyone in these households is subject to tremendous stress at the best of times, living in poverty, having to keep their precarious status a secret, and living with the knowledge that one of their loved ones could be deported at any time. Even when the citizen children are old enough to sponsor family members there are roadblocks put in their way; and family members who are citizens are frequently denied benefits for which they are eligible.
Soon after Donald Trump took office as President he announced his intention to do away with the DACA program, established by President Obama in 2012 as a stopgap since Congress had been unable to pass the DREAM Act, which would have offered a path to citizenship to millions of hard-working, tax-paying, law-abiding undocumented Americans. At one point he floated a deal to DACA recipients that he would offer them a path to citizenship in exchange for getting the funding he wanted to build the massive border wall between the U.S. and Mexico . To their credit, DACA recipients refused to throw their even more vulnerable fellow-immigrants under the bus in return for their own security. Now DACA is before the U.S. Supreme Court and hundreds of thousands of young people are waiting anxiously for the decision that is due any day now.
Now add the COVID-19 pandemic into this nightmarish situation. Here are two diabolical moves that the administration has made:
First: According to the Migration Policy Institute, there are 15.4 million people in mixed-status families who have been denied their federal stimulus checks. Joint filers cannot receive a stimulus check under the CARES Act if one spouse does not have a Social Security Number (SSN). Stimulus checks are even being denied to immigrants who have Individual Taxpayer Identification Numbers (ITINs) instead of SSNs. According to the Center for Migration Studies, “ITIN filers pay over $9 billion in withheld payroll taxes annually.” Several lawsuits have been filed challenging this CATCH-22, on the grounds that it is unconstitutional for the federal government to exclude someone from financial assistance because of who they married. Meanwhile millions of hardworking people are being denied emergency help.
Second: US Foreign-Born Workers by Status and State, and the Global Pandemic, a May, 2020 report from the Center for Migration Studies, shows how many immigrants are putting their lives on the line as essential workers at this time. The report shows that there is a larger percentage of immigrants than US-born Americans working in essential jobs. It lists by state and occupation the numbers of immigrants doing essential work, and breaks it down by immigration status. You can see for yourself how many undocumented Americans are risking their lives taking care of our elderly and sick, cleaning our buildings, and growing and processing our food, among many other essential occupations.
President Trump and his senior adviser Stephen Miller are itching to crack down even further on immigration, taking advantage of COVID-19 fears to make sweeping changes to the U.S. immigration system. In this climate, will the U.S. Supreme Court vote to strike down DACA? According to the Center for American Progress, more than 200,000 DACA recipients alone are working on the front lines of the coronavirus response. Public health experts have made the case to the Court that their deportation would be catastrophic for the nation at this time, vital as they are to the fight against the coronavirus. Of course, it would be catastrophic for them as well and for their families: sheer cruelty.
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