Daily Caller

The Supreme Court Just Made An Announcement About DACA

Kevin Daley on June 28, 2019

The Supreme Court will decide whether President Donald Trump can rescind the Deferred Action for Childhood Arrivals (DACA) program during its next term, the justices announced Friday.

DACA is an Obama-era amnesty initiative that extends temporary legal status to 700,000 foreign nationals who came to the U.S. as children.

The Department of Homeland Security first took steps to terminate DACA in September 2017. Federal trial judges subsequently entered injunctions requiring that Trump maintain the program while litigation continued.

The first of those orders came from U.S. District Judge William Alsup in California, who said the government’s action was based on a flawed legal premise and therefore “arbitrary, capricious, an abuse of discretion, [and] otherwise not in accordance with law.” That premise — that only Congress, not the executive, could authorize a program like DACA — conflicts with precedent and the Department of Justice’s past-stated views, Alsup said.

Shortly after those injunctions issued, the Trump administration took the unusual step of bypassing the federal appeals courts and asking the Supreme Court to intervene immediately.

The high court rejected that request, prompting a new round of litigation in the appellate courts. The government returned to the Supreme Court beginning in November 2018 with another request to take on the DACA dispute.

The justices were poised to decide whether to hear those cases in January, but no action came. As the delay approached its fifth month, the Trump administration filed yet another petition, this time asking the justices to consider the matter on an accelerated schedule. The Court rebuffed that request without explanation June 3. The long period of inaction on the DACA petitions baffled even seasoned court-watchers.

The Court’s apprehension may in part be related to the 35-day government shutdown that ran from December 2018 to January 2019. In a bid to reopen the government, the president proposed a grand bargain on immigration that included a three-year extension of DACA. Such a deal would “moot” the disputes before the high court.

The Justice Department told the high court in legal filings the DACA injunctions require “the government to preserve a policy that affirmatively sanctions the ongoing violation of federal law by 700,00 aliens who have no lawful immigration status and no right to the policy’s continuation.”

“Absent this Court’s intervention, the government will be required to maintain the policy nationwide for years after DHS and the attorney general determined that it should end,” the Department added.

Elsewhere in court filings, the Justice Department said Supreme Court review is needed because the DACA injunctions create a conflict within federal law. While some courts ordered Trump to keep DACA, others struck down a companion initiative called Deferred Action for Parents of Americans (DAPA), which would have given legal status to unlawful aliens whose children are citizens or permanent residents.

The DACA and DAPA disputes present similar legal issues. The justices often hear cases in which multiple courts disagree about the same question of law.

The Supreme Court adjourned for the summer Thursday.

Daily Caller

DCwire features investigative reporting syndicated with permission from the Daily Caller News Foundation.

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  • Obama was an unconstitutional in our white house, he promoted and signed DACA to protect himself if ever found out.. Sheriff Joe and his cold case posse have proven beyond doubt that the Hawaiiian birth certificate is a computer generated fraud.

  • Sheriff Joe and his cold case possee have proven beyond doubt that the Hawaiian birth certificate is a 100% computer generated fraud.

  • Reading a lot of these comments with a similar theme throughout of why didn't the House ever challenge Obama on these skirting the law executive orders. They never challenged him (and the Democrats in Congress knew the Republicans would dare not go against Obama) because of his race. Obama and all of his administration knew they could do whatever they wanted to do because all of the Republicans rarely said "No" to him or made any significant challenges. Obama played the race card all the time in sneaky, contemptible ways and so did his staff, especially Holder. Ferguson was incited by Obama and Holder (and George Soros). Obama's Father who left him as a mere infant impacted the whole 8 years of Obama's disgusting reign as Dictator in Chief. If Obama had two white parents, he first would never have been chosen by Soros to get placed in our White House and if he made it to our White House as a white guy, he would have never gotten away with 90% of what he said and did. That's just the truth, and more people need to speak the truth and stop this political correctness started by the left decades ago because it was created to put a muzzle and unearned guilt on people who disagree with these leftists. That time is hopefully passing with PC being seen for what it truly is -- lying to appease the left. Obama's administration resurrected racial divides on purpose - divide and conquer. Don't let the left manipulate us any longer.

  • Every Supreme Court Justice can be impeached and removed from the Court. They can only remain on the court while they maintain "good behavior." The two worst of the law breaker Justices are Ginsberg and Kagan. This came to light when they both broke the law by not recusing themselves from sitting on the case for same sex marriages. Both had performed same-sex marriages prior to sitting on that case and were clearly prejudiced for same-sex marriages. There can be no prejudice on the Supreme Court and there can be no left or right leaning Justices. Any that demonstrate any sort of favoritism/prejudice must be excused from the court for behavior other than good. If absolute unbiased performance on the highest court in our land is not not enforced strictly, our Constitution will be violated at will by any court in our country. Like lawyers and doctors, judges/justices stick together. Miscreants protecting and supporting miscreants while our country crumbles because our citizens are not running our country according to the Constitution. Remember, without us there is no government in the United States.

    We are each responsible for knowing the history of each of our founding documents very thoroughly. We are also responsible for insuring that we each vote for a new candidate for every office, every election cycle. We must apply the Constitution's term limits by refusing to reelect anyone for any office at any time. We each are to have the opportunity to serve.

  • Better watch out..Kamala didn't have Either Citizen parent...Mom was from India..dad from Jamaica..and neither one was here long enough to become a citizen...Dims must think we are as STOOPID as they are.

  • So the US Supreme Court in not following our US Constitution, is NOT earning their pay. They need to resign, each one who is Guilty of a REFUSAL to Uphold, Protect and Defend - from ALL enemies - foreign and domestic, including themselves.

    I WANT a REFUND! On ALL Pay taken under these FALSE pretenses.

    This includes all if any, who have retired. ~>REFUNDS!

    And REFUNDS on ALL Medical Benefits! ~>ALL OF IT!

    They have NOT Earned ANY of it.

    This is absolutely disgusting! They have severely damaged our nation.
    We can not truly move forward until we have undone and reversed the harm they have inflicted.

    For example, they have NOT followed the Law of this Land regarding Real money.

    "Let's Make Money Real Again!"
    There is NO Cause or reason not to be doing so.

    The ivamu.com Solution fixes that in short order.

  • Roberts will flip to the left. After the Obamacare ruling, there 's no doubt about it, he's dirty. Someone or somebody has him by the balls. He is so anti-Trump. DACA was done through Executive order, and not by going through Congress and making it law. But, Roberts will pull a rabbit out of his @$$ and come up with some really pathetic excuse to make it law. Which, technically he cannot do, but he will.

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