Supreme Court Agrees to Decide Whether White House Can End DACA
WASHINGTON – A day after ending their current term with a pair of controversial opinions, the U.S. Supreme Court said Friday it will decide next year whether the Trump administration can shut down Deferred Action for Childhood Arrivals, a program that shields 800,000 young, undocumented immigrants from deportation.
The Justices ordered that three cases on DACA be consolidated into one case, which they will hear some time after the start of their 2019 term, which begins October 7.
That means a ruling could be handed down in the spring, at the height of the presidential primary season, or in June, just ahead of the presidential nominating conventions.
President Donald Trump has been trying to scrap the program since early 2017, contending that his predecessor, President Barack Obama, had exceeded his constitutional powers when he intervened in deportations on behalf of immigrants who had been brought to the United States illegally as young children.
Since then, federal courts, in a series of rulings, have ordered the administration to continue the program while legal challenges move forward, and Trump himself has sent mixed messages on the issue.
On the one hand, he has assailed Obama for starting the program, but then delayed its termination while urging Congress to pass legislation to permanently protect so-called “Dreamers” from deportation.
That failed to come to pass after the White House and Capitol Hill failed to strike a deal that would have traded the fate of DACA for billions in funding for the wall Trump wants to build along the southwestern border.
Last November 2018, the Ninth U.S. Circuit Court of Appeals held that while Trump has the power to alter the politics of past administrations, the legal justification for the controversial move did not withstand scrutiny.
Then in May, the Fourth U.S. Circuit Court of Appeals, dealt Trump another loss, saying his attempt to end DACA was “arbitrary and capricious,” and violated the Administrative Procedure Act.
Trump has been pushing for a Supreme Court review since the beginning of the controversy. The White House first sought review of the case in early January 2018, well before the appeals courts had weighed in.
The administration tried again in November 2018 — before the Ninth Circuit ruled on the matter — but the justices again decided to take no action.
As is their custom, the justices did not explain their rationale for taking up the consolidated cases.
The three cases are Dept. of Homeland, Et al. v. Regents of University of Calif., et. al. No. 18-587; Trump, President of U.S., et. al. v NAACP, et. al. No. 18-588; and McAleenan, Sec. of Homeland v. Vidal, Martin J., et al. No 18-589.
In The News
The attorneys general from 13 states filed a lawsuit this week to block a new Trump administration rule that makes it harder for immigrants receiving public assistance to get green cards for permanent residency. The lawsuit is pending in federal court in the state of Washington.... Read More
SAN FRANCISCO — In a closely watched case, a federal appeals court Thursday upheld an order requiring immigration authorities to provide children detained at the border with adequate food, water, bedding, toothbrushes and soap. A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected... Read More
PHILADELPHIA — Having tried several times to cut the food stamp program, President Donald Trump has hit on a plan that could accomplish that, while curtailing another object of his ire: immigration. A new rule put into the Federal Register on Monday could limit the number... Read More
Immigrants along the Texas-Mexico border, citing indefinite detention in “horrific conditions,” have asked a federal judge to order the U.S. to improve the conditions, give them access to lawyers and release them after 72 hours. U.S. Customs and Border Protection “has intentionally packed these people into... Read More
LOS ANGELES — The Trump administration’s new immigration crackdown — which could deny green cards to immigrants who use Medicaid, food stamps, housing vouchers or other forms of public assistance — would have major ramifications on the California economy, experts and advocates said Monday. Laurel Lucia,... Read More
WASHINGTON — A new Department of Homeland Security rule unveiled Monday seeks to do what pro-immigration advocates have long dreaded by giving U.S. immigration officers broad authority to deny applicants citizenship, green cards, visa extensions and changes in immigration status based on past or potential future... Read More