The U.S. Supreme court has granted an appeal to the POTUS Trump’s administration’s decision to end the Deferred Action for Childhood Arrivals or DACA program.
The program designed to protect DREAMers brought forth by the Obama administration will get a one- hour hearing before the high court next term. The Supreme Court said it would consolidate three appeals into one argument. The DACA program provided temporary legal status and protection from deportation for nearly 800,000 young people who were brought to the U.S. without legal papers when they were children.
Seven months after taking office in 2017, POTUS Trump sought to revoke their protected status. The administration claimed in court that it could revoke DREAMers’ status anytime because of the original Obama program was illegal. It also asserted that the courts had no power to review its decision.
Four federal appeals courts subsequently rejected those arguments, and the Supreme Court earlier this month refused to expedite high court consideration of the cases. Now, the court will hear arguments next term, with a decision expected to follow a year from now.
While the public approval for DREAMers is high- almost 80% in most public opinion polls – the issues in the case are tricky. Where the administration is willing to concede that President Barack Obama acted illegally in enacting the program, the Trump administration could rescind the program as long as it provided a good reason and followed the rules for such policy reversal.
But the administration has hinged its legal position on its contention that Obama acted illegally. And that it is a tough sell, given that other administrations of both the Democrats and Republican parties have used deferred action to permit certain large categories of people to remain in the United States.
The DACA controversy also has been intertwined with politics. POTUS Trump sought to use the program as a bargaining chip to get Democrats to agree to build a wall along the United States – Mexico border. And when that failed, and the administration still maintained that DACA was illegal, the administration’s push to get the case into the Supreme Court earlier was seen by some critics as an effort to shift the blame for an unpopular act onto the court.
The question of what to do about DREAMers was intensely debated within the Trump administration in the summer of 2017. John Kelly, then the secretary of homeland security, twice declined to close the program.
The President’s daughter Ivanka and son-in-law, Jared Kushner, were both said to be DACA supporters, and the President himself had often spoken approvingly about DREAMers, calling them “great kids” and expressing his “love” for them.
Jones Brown Law – Immigration Law
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