Recent federal and state rulings offer renewed protections for DACA recipients and same-sex domestic violence victims

Press release from Pisgah Legal Services:

Two different December rulings by federal and state courts are resulting in life-changing protection — both to DACA “Dreamers” and also to same-sex domestic violence victims. Nonprofit Pisgah Legal Services (PLS) provides free, civil legal aid in Western North Carolina, and is working with clients affected by these recent changes in the law.

On December 4, a federal judge ruled that the United States Citizenship and Immigration Services (USCIS) must fully reinstate the Deferred Action for Childhood Renewals (DACA) program. Not only will current DACA recipients still be allowed to renew their participation in program, new applications will now be accepted for the first time in three years.

The restoration of the Obama administration program, designed to protect undocumented immigrants who came to the U.S. as minors, means approved applicants will be granted two-year work permits and deportation deferrals.

Pisgah Legal Services Attorney Shoshana Fried leads the team of staff and volunteers who assist immigrants in our mountain region. Fried says, “We see this ruling as a major victory for this group of young immigrants who were brought to the country as children. Many of our DACA clients have been working on the front lines during the COVID-19 pandemic, with jobs at assisted living facilities, grocery stores, and hospitals. We have already heard from clients who are relieved that they do not have to worry about deportation, at least not right now.”

Fried continues, “We still don’t know what the future holds for DACA, so we are encouraging our clients to renew their protections and work authorizations as soon as possible.”

To be eligible, DACA applicants must have entered the United States before age 16, lived in the U.S. since at least 2007, and have been born after June 15, 1981. They must also have earned a high school diploma or GED, or currently be in high school or enrolled in a GED program. Immigrants with serious criminal records are ineligible for DACA.

In another case decided on the last day of 2020, the North Carolina Court of Appeals ruled that those who are in, or have been involved in, same-sex dating relationships are equally protected against domestic violence as people in heterosexual dating relationships. North Carolina was the last state in the nation to adopt this type of protection.

PLS Managing Attorney Julia Horrocks, who oversees this work at the nonprofit, says, “This case is a long-overdue step towards equal rights in North Carolina for members of the LGBTQ community. Pisgah Legal Services has advocated for this change to the law through its role on the Legislative Committee of the NC Coalition Against Domestic Violence.  The NCCADV submitted an Amicus Brief that the Court cited in this decision.”

In this case the petitioner was a woman seeking a Domestic Violence Protection Order (DVPO) against her prior partner, another woman, who did not reside with her. The DVPO was denied based solely on a statutory requirement that petitioners can only file DVPOs against someone in a dating relationship of the opposite-sex, unless they are living together.

The Court of Appeals ruled that denying a DVPO based only on sex violated the petitioner’s due process and equal protection rights, quoting multiple recent Federal and State Supreme Court decisions addressing other LGBTQ rights.  The Court stated that the lower courts must apply the statute similarly to all Plaintiffs seeking DVPOs, and that the nature of the petitioner’s relationship with the respondent as same-sex or opposite-sex shall no longer be a factor in determining whether the petition is granted.  The Court’s opinion appears to be a clear declaration that discriminatory legislation against the LGBTQ community will no longer be tolerated.

In WNC, Pisgah Legal Services provides free legal assistance to more than 7,000 domestic violence survivors, and their children, each year.
Need Help? Call the main PLS number at 828-253-0406 or apply online at www.pisgahlegal.org. Pisgah Legal staff and volunteer attorneys will be in touch via phone and/or email. For help with DACA or another immigration issue, contact Pisgah Legal Services at 828-210-3437.