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Supreme Court decision impacts thousands of Kansas City immigrants

Posted at 8:51 PM, Jun 23, 2016
and last updated 2016-06-23 23:23:36-04

A tie decision by the Supreme Court on Thursday blocked a plan from President Barack Obama to shield about 4 million undocumented immigrants from deportation. 

The case dealt with the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) plan, which would have allowed parents of citizens or lawful permanent residents to stay in the country for three years without threat of deportation. The plan would have allowed parents to get work permits and driving licenses without receiving permanent legal status.

Texas led 26 Republican-dominated states in challenging the program Obama announced in November 2014. Congressional Republicans also backed the states' lawsuit.

According to the nonprofit advocacy group Immigration Professionals, Thursday's decision affects about 18,000 immigrants currently living in Missouri.

Thousands of immigrants in the Kansas City metro area could see the ramifications, including the mother of 20-year-old Kansas City, Kansas, resident Andrea Esquivel.

Esquivel, who is originally from Mexico, said her family came to America 16 years ago in hopes of a better life. 

"My dad was like, 'It's better for them to be here than in Mexico,'" she explained.

Now expecting a baby, the Dream Act has allowed Esquivel the chance to become a permanent resident. Under Obama's immigration plan, a permanent resident like Esquivel could have used her status to allow her mother, who is here illegally, to stay in America. However, the Supreme Court decision on Thursday could send Esquivel's mother back to Mexico.

"We've been here for 16 years and we are scared to death to go back there [Mexico]," explained Esquivel.

Esquivel's mother, who works seven days a week as a house cleaner, helps pay rent and other bills. She's now worried she will be deported.

"When there's a cop, we have to be nervous," Esquivel said. "We're nervous whenever we're driving next to a cop or behind them." 

Esquivel described the horrors of living in Mexico. She explained how drug gangs and violence have led to poor conditions. Many families, including her own, came to America to escape the dangers and make things better for their children.

"Us Latinos didn't come here to take your guys' jobs," she explained. "We came here to better ourselves." 

With a baby due in October, Esquivel said she would have to deal with added challenges if her mother was sent back to the dangers of Mexico.

"We have most of our life settled here," she explained. "What are we going to do? Go back to Mexico? Struggle?" 

A tie vote sets no national precedent but leaves in place the ruling by the lower court. In this case, the federal appeals court in New Orleans said the Obama administration lacked the authority to shield up to 4 million immigrants from deportation and make them eligible for work permits without approval from Congress.

Since no national precedent was set in the case, the DAPA plan may be taken up again by the Supreme Court once the court has nine justices again.

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Tom Dempsey can be reached at Tom.Dempsey@KSHB.com.

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