In 2012, then-President Barack Obama implemented the Deferred Action for Childhood Arrivals (DACA) program, an initiative blocking the enforcement of immigration laws on those who entered the country illegally as young children temporarily — until Congress could find a final resolution. In 2017, President Donald Trump’s administration attempted to rescind the discretionary DACA program, but was blocked by district and circuit courts.
The ensuing battle has now made its way to the Supreme Court, and ahead of the court’s decision, the Justice Department has filed a brief arguing that the Department of Homeland Security (DHS) does indeed has the authority to end the discretionary policy of non-enforcement.
DACA heads to Supreme Court
The U.S. Supreme Court is scheduled to hear arguments in the consequential DACA case in November and should issue a ruling on the matter in early 2020, just ahead of the general election campaign season.
In previous months, lower courts have ruled against the administration’s position and even issued nationwide injunctions that prevented the DHS from making any changes to the DACA program, much less end it entirely.
But the Department of Justice (DOJ) has argued that the lower courts were wrong to impose nationwide injunctions, that DHS holds full authority to revise its own interpretations of the laws, and that, in light of similar discretionary programs being struck down by other courts, DACA was most likely unlawful and should be ended as well.
DACA “legally questionable” at best, “illegal” at worst
The DOJ recently filed a legal brief with the Supreme Court that outlined the history of the program and background of the case as it worked its way through the court system, citing precedents and statutes along the way in which DHS was granted the authority necessary to decide the fate of the DACA program.
“At best, DACA is legally questionable; at worst, it is illegal,” the DOJ argued. “Either way, DACA is similar to, if not materially indistinguishable from, the policies — including an expansion of DACA itself — that the Fifth Circuit previously held were contrary to federal immigration law in a decision that this Court affirmed by an equally divided vote.
“In the face of those decisions, DHS reasonably determined — based on both legal concerns and enforcement priorities — that it no longer wished to retain DACA. Yet two nationwide preliminary injunctions have forced DHS to maintain this entirely discretionary policy for nearly two years,” the brief continued.
Fate of DACA hangs in the balance
The DOJ also took issue with the explicit reasoning of the lower court rulings and argued that the Administrative Procedures Act didn’t require DHS to retain a policy that in all likelihood was unlawful, as such a decision rested solely within the executive branch and likely wasn’t even reviewable by the courts under the provisions of that statute.
“But even if DHS’s decision were reviewable, DHS’s legal and policy justifications for discontinuing DACA were not remotely arbitrary or capricious,” the DOJ argued. “DACA was created as a temporary, stopgap measure in 2012, after legislative efforts to provide permanent immigration relief for a similar class of aliens repeatedly failed.”
The brief went on: “DHS has offered a number of reasons why it now wishes to withdraw that policy and instead enforce the [Immigration and Naturalization Act] as written, and the lower courts’ criticisms of those rationales do not withstand scrutiny.”
It remains to be seen how the Supreme Court will rule on the DHS effort to end the DACA program, but given the fact that decisions to end related and similar programs have been upheld by the courts, the existence of compelling legal arguments on executive authority, and the currently conservative nature of the court, the odds are in favor of the Trump administration ultimately prevailing in this ongoing legal saga.
285 Responses
I was looking through some of your content on this site and I believe this site is rattling informative ! Retain posting .
Thanks for sharing excellent informations. Your website is very cool. I’m impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched all over the place and just couldn’t come across. What a perfect web site.
Having read this I believed it was rather informative. I appreciate you finding the time and effort to put this content together. I once again find myself spending a significant amount of time both reading and commenting. But so what, it was still worth it!
You have noted very interesting points ! ps nice website . “Become addicted to constant and never-ending self improvement.” by Anthony D’Angelo.
This is a great tip particularly to those new to the blogosphere. Brief but very precise info… Many thanks for sharing this one. A must read post!
I could not resist commenting. Exceptionally well written!
Next time I read a blog, I hope that it does not fail me as much as this particular one. After all, Yes, it was my choice to read through, however I really believed you would probably have something helpful to say. All I hear is a bunch of whining about something you can fix if you were not too busy seeking attention.
Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! However, how could we communicate?
May I simply say what a comfort to discover a person that actually knows what they’re talking about on the internet. You definitely understand how to bring a problem to light and make it important. A lot more people should read this and understand this side of the story. I was surprised you’re not more popular because you definitely have the gift.
When I initially commented I clicked the -Notify me when new comments are added- checkbox and now every time a comment is added I get four emails with the same comment. Is there any approach you may take away me from that service? Thanks!
Have you ever considered writing an ebook or guest authoring on other websites? I have a blog centered on the same subjects you discuss and would really like to have you share some stories/information. I know my audience would appreciate your work. If you are even remotely interested, feel free to shoot me an e-mail.
Hello! This post couldn’t be written any better! Reading this post reminds me of my previous room mate! He always kept talking about this. I will forward this post to him. Pretty sure he will have a good read. Thank you for sharing!
Valuable information. Lucky me I found your web site by accident, and I’m shocked why this accident did not happened earlier! I bookmarked it.
Have you ever considered creating an ebook or guest authoring on other sites? I have a blog centered on the same topics you discuss and would love to have you share some stories/information. I know my readers would value your work. If you are even remotely interested, feel free to send me an e-mail.
Spot on with this write-up, I truly think this web site needs way more consideration. I’ll probably be again to learn way more, thanks for that info.
I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored subject matter stylish. nonetheless, you command get bought an shakiness over that you wish be delivering the following. unwell unquestionably come further formerly again since exactly the same nearly a lot often inside case you shield this hike.
Mr fog Max Mr fog Max PRO Air Bar Disposable Cali Air Disposable
Good day I am so delighted I found your webpage, I really found you by accident, while I was researching on Digg for something else, Regardless I am here now and would just like to say cheers for a remarkable post and a all round exciting blog (I also love the theme/design), I dont have time to read it all at the minute but I have saved it and also included your RSS feeds, so when I have time I will be back to read much more, Please do keep up the excellent job.
I discovered your blog web site on google and verify a number of of your early posts. Continue to maintain up the superb operate. I just additional up your RSS feed to my MSN News Reader. Looking for ahead to reading more from you in a while!…
Keep functioning ,fantastic job!
Oh my goodness! Impressive article dude! Many thanks, However I am encountering troubles with your RSS. I don’t know why I can’t join it. Is there anybody having similar RSS problems? Anyone that knows the solution will you kindly respond? Thanx!!
I was very happy to uncover this great site. I wanted to thank you for your time for this particularly wonderful read!! I definitely loved every bit of it and i also have you saved as a favorite to check out new things on your blog.
I blog often and I genuinely thank you for your content. This great article has really peaked my interest. I will take a note of your blog and keep checking for new information about once a week. I subscribed to your RSS feed as well.
whoah this weblog is wonderful i love studying your articles. Stay up the good work! You realize, lots of people are hunting around for this info, you can help them greatly.
Hi would you mind stating which blog platform you’re working with? I’m going to start my own blog soon but I’m having a tough time deciding between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something unique. P.S Apologies for being off-topic but I had to ask!
Social networking for NDT technicians
OFWMONEY -Growth Tactics
Thanks for some other great article. Where else may anyone get that type of info in such an ideal way of writing? I’ve a presentation next week, and I’m on the look for such information.
Hi I am so thrilled I found your blog, I really found you by error, while I was browsing on Google for something else, Anyways I am here now and would just like to say many thanks for a remarkable post and a all round entertaining blog (I also love the theme/design), I dont have time to go through it all at the minute but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the excellent job.
Hello There. I found your blog using msn. This is a very well written article. I will make sure to bookmark it and return to read more of your useful info. Thanks for the post. I’ll definitely comeback.
can someone from another state buy weed where it is legal online
can someone from another state buy weed where it is legal online
I have read several excellent stuff here. Certainly worth bookmarking for revisiting. I wonder how much attempt you place to create this kind of magnificent informative website.
Heya i’m for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and aid others like you aided me.
Great weblog here! Also your web site quite a bit up very fast! What web host are you using? Can I am getting your affiliate link in your host? I desire my site loaded up as quickly as yours lol
Throughout this great scheme of things you actually secure an A just for effort. Where you lost me was in the specifics. As they say, details make or break the argument.. And that couldn’t be much more correct in this article. Having said that, allow me say to you precisely what did do the job. The writing is definitely incredibly persuasive and this is possibly the reason why I am making the effort to opine. I do not make it a regular habit of doing that. 2nd, while I can notice a jumps in logic you come up with, I am not really confident of exactly how you appear to unite the details which inturn make the conclusion. For now I will, no doubt subscribe to your issue however trust in the future you connect your facts much better.
we are a company located in humboldt county CA we have a large selection of top shelf marijuana strains, we also have vapes, edibles and more. Our customers are our top priority, please contact us if you have questions like where to buy cannabis online in restricted states/countries
Oh my goodness! Amazing article dude! Thanks, However I am going through problems with your RSS. I don’t understand why I cannot join it. Is there anybody else having similar RSS issues? Anyone who knows the answer can you kindly respond? Thanx!!
we are a company located in humboldt county CA we have a large selection of top shelf marijuana strains, we also have vapes, edibles and more. Our customers are our top priority, please contact us if you have questions like where to buy cannabis online in restricted states/countries.
You made various fine points there. I did a search on the matter and found the majority of people will consent with your blog.