This week the Supreme Court heard arguments on whether or not President Trump has the authority to end DACA, the Deferred Action for Childhood Arrivals program that was implemented under President Obama through a Department of Homeland Security (DHS) memo in June 2012.
DACA exempted certain illegal aliens who arrived in the United States prior to 2007 and before their 16th birthday from removal, and it made them eligible to receive work permits. Both these actions violated federal statutes and were clear violations of the Constitution, which gives total authority to Congress over immigration matters.
President Obama sought to expand DACA, and announced DAPA, Deferred Action for Parents Americans and Lawful Permanent Residents to grant the same benefits to individuals who are the parents of DACA recipients, legal permanent residents, or U.S. citizens. This program was blocked by federal courts before going into effect.
Reports on the oral arguments in the DACA proceedings in the Supreme Court indicated that the Justices are likely to allow President Trump to end the program, as he sought to do in September 2017. USA Today noted:
The Supreme Court on Tuesday appeared likely to side with the Trump administration in its effort to end a program that lets nearly 700,000 [illegal aliens] live and work in the USA without fear of deportation.
It is important to note that Supreme Court is the taking up the legal question of whether President Trump's decision to end DACA is reviewable by the courts, and if his decision was “arbitrary and capricious,” as claimed by the plaintiffs, who are several DACA recipients. It remains to be seen if the Court will rule on the constitutionality of DACA.
On Tuesday, President Trump sent an ambiguous tweet referring to the criminal records of some DACA recipients but indicating his willingness to back a legislative amnesty if the Supreme Court allows him to end the DACA program.
Many of the people in DACA, no longer very young, are far from “angels.” Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!
The President may have been referring the USCIS data revealing that 53,792 DACA recipients have arrest records.
For an analysis of the case see David Harsanyi, “Overturning DACA Would Be a Win for the Constitution.”
