Immigrant advocates in Tucson rally in support of DAPA

TUCSON, AZ (Tucson News Now) - Tucson immigrants rights groups are hoping the United States Supreme Court rules in favor of the Obama Administration's actions on immigration.

Millions of undocumented immigrants are awaiting the court's decision, including thousands here in Arizona.

On Monday, April 18, the eight justices heard 90 minutes of arguments on the deferred deportation programs - Deferred Action for Childhood Arrivals (DACA) and the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).

Chief Justice John Roberts asked questions suggesting he could side with the president if there is a small change in the proposed programs that could protect 4.5 million undocumented immigrants from deportation and make them eligible to work in the U.S.

Arizona is among 26 states suing to stop those programs. A decision is expected by June.

Immigrant advocates gathered at Southside Presbyterian Church, long a supporter of immigrants in the United States.

The church hosted an event that coincided with other similar events across the country in support of President Obama's actions to shield certain undocumented immigrants from deportation.

Supporters called it a "moral imperative" that families be kept together through DAPA. These are families in which the children are U.S. citizens or permanent residents.

A Tucson woman who said she came to the United States 16 years ago in search of a better life said her greatest fear is that she will be deported and be separated from her son who was born in the U.S.

"I don't want that to ever happen. I don't think any mother would want anything like that to happen. It's very hard," Karla Neyoy said through a translator.

"It is sinful, just plain sinful and wrong to advance policies and rhetoric that criminalize fathers, that persecute mothers and that traumatizes children. So today we want to send a strong message to the Supreme Court to uphold the president's actions and to protect millions from deportation," Southside Presbyterian Church Pastor Alison Harrington said.

If the high court sides with the Obama Administration, DAPA would protect an estimated 4.5 million people from deportation.

If the court decides against the administration, DAPA does not go into effect.

The fate of President Obama's immigration programs could rest on two words that are in the executive orders, "Lawful Presence."

Arizona and the other states suing the administration say this phrase gives the immigrants affected by these programs more rights than federal law allows.

The administration, however, is arguing there's an easy fix. Just cross out the words "Lawful Presence." The president's lawyers said you can get rid of these words and still keep the programs.

The states say it is not that simple. And there's another issue to consider.

The court still has only eight justices after the death of Antonin Scalia. That raises the possibility of a tie vote, meaning a lower court ban on the president's plan would remain in place.

The key justices to watch are Chief Justice John Roberts, and Justice Anthony Kennedy who have been swing votes in the past.

One or both of them could side with the court's liberal wing, meaning the president's programs would go through.

Again, a decision is expected by June.