The Supreme Court is hearing arguments in the DACA cases today. The case comes before SCOTUS in the status where the Court of Appeals held that the Trump administration failed to give a detailed and adequate reason for ending DACA. That's a rather strange issue. Under the relevant administrative law statute, the government has to give its reasoning for taking an action like this at the time it acts. If the court ultimately rules against Trump on this ground, however, all that will need to happen to once again end DACA is for the action to be taken again with a new and better memo to be written. Surely, SCOTUS didn't take this case to enforce that issue. Remember, SCOTUS gets to pick the cases it takes.
So what is going on here? Most likely, justices on SCOTUS want to rule on whether or not the president has the ability to institute a program like DACA in the first place. President Obama famously said over 20 times that he didn't have the power to put a program like DACA in place, and then he did it anyway. A ruling that made clear that there is no executive power unilaterally to change the immigration statutes would be an issue worthy of a ruling by SCOTUS.
My prediction is that when the ultimate decision comes down, DACA will be wiped away and future presidents won't have the power to reinstitute it without action by Congress.
Hopefully, such a ruling will provide the impetus for the Democrats in Congress to stop blocking all immigration law changes and to negotiate a sensible compromise that restores the protection to those in DACA while stopping some of the most flagrant problems in the current law.
So what is going on here? Most likely, justices on SCOTUS want to rule on whether or not the president has the ability to institute a program like DACA in the first place. President Obama famously said over 20 times that he didn't have the power to put a program like DACA in place, and then he did it anyway. A ruling that made clear that there is no executive power unilaterally to change the immigration statutes would be an issue worthy of a ruling by SCOTUS.
My prediction is that when the ultimate decision comes down, DACA will be wiped away and future presidents won't have the power to reinstitute it without action by Congress.
Hopefully, such a ruling will provide the impetus for the Democrats in Congress to stop blocking all immigration law changes and to negotiate a sensible compromise that restores the protection to those in DACA while stopping some of the most flagrant problems in the current law.
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