Shoba Sivaprasad Wadhia

  • January 25, 2018
    Guest Post

    by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Penn State Law - University Park

    Deferred Action for Childhood Arrivals (DACA) is a policy implemented in 2012 that to date has enabled nearly 800,000 people who came to the United States before the age of sixteen, establish the requisite residence, physical presence and educational requirements to request a form of prosecutorial discretion known as “deferred action.” Originating from a rule published by the Reagan administration in 1981, grantees of deferred action may request work authorization if they can establish “economic necessity.” After receiving work authorization, the type of work a DACA recipient may enter is unrestricted, enabling one to pursue a job in a variety of sectors. DACA recipients with college degrees in a high-demand field are eligible to work in the area of their study and often do.   

  • December 5, 2017
    Guest Post

    by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Penn State Law - University Park, Sirine Shebaya, senior staff attorney, Muslim Advocates and , and Abed Ayoub, legal director, American-Arab Anti-Discrimination Committee

    *This piece was originally posted on Medium

    What happened at the Supreme Court? On December 4, the Supreme Court issued orders staying the injunctions placed on certain aspects of Ban 3.0 by federal district courts in Hawaii and Maryland. What this means is the third version of the ban can take full effect pending a decision of the Government’s appeal in the Fourth and Ninth Circuit Courts of Appeals and pending a decision of the Government’s petition to the Supreme Court to hear the case. Justices Sotomayor and Ginsburg would have denied the application giving rise to these orders.

  • November 27, 2017
    Guest Post

    by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Penn State Law - University Park

    *This piece was originally posted on Medium

    Witness Fatiha Elgharib, who has lived in Ohio for more than two decades, serves as primary caregiver to a United States citizen child suffering from Down Syndrome, is married to the breadwinner, and faces imminent deportation on November 27. Fatiha became a target of immigration following her fight and support of her husband during the course of NSEERS –a Muslim registration program enacted after the attacks of 9/11. Fatiha’s story highlights the ongoing residual impact of NSEERS and raises important questions about the legitimacy of using a now defunct and ill-conceived policy to generate new deportations.

  • September 5, 2017
    Guest Post

    by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Penn State Law - University Park and Lorella Praeli, Director of Immigration Policy and Campaigns and former Dreamer, American Civil Liberties Union

    *This piece draws from an ACS briefing call on DACA from August 24, 2017

    During the 2016 presidential campaign, Trump promised to deport Dreamers, a reference to people who came to the United States as children.

    The Deferred Action for Childhood Arrivals program (DACA), announced by the Obama Administration in June 2012, allows qualifying young people who were brought to the United States as children to request that any removal action against them be deferred in the exercise of prosecutorial discretion. Texas Attorney General Ken Paxton and 10 other state attorneys general have written to Attorney General Jeff Sessions indicating their intent to challenge DACA in court unless the administration agrees to rescind the program by September 5, 2017. Against this backdrop, the Trump administration announced the decision to terminate DACA.

  • July 20, 2017
    Guest Post

    by Shoba Sivaprasad Wadhia, the Samuel Weiss Faculty Scholar and Law Professor at Penn State Law and founding director, Center for Immigrants’ Rights Clinic.

    On June 26, the Supreme Court granted a partial stay and also granted certiorari in Trump v. Hawaii and Trump v. International Refugee Assistance Project, the Muslim travel ban cases. Here is a short analysis. The scope of the partial stay is as follows: within 72 hours of the ruling, any person from the six designated countries or refugee who cannot show a “bona fide relationship to a person or entity” will be banned from entry. The Department of State indicated that the travel ban would go into effect at 8:00pm EDT on June 29, 2017. Hours before the ban was to go into effect, the government issued guidance defining what constitutes a “bona fide relationship” narrowly. Litigation about the meaning of a “bona fide relationship” ensued in the Hawaii District Court and Ninth Circuit Court of Appeals.