The fate of the 'dreamers' in the balance: what the US Supreme Court thinks about the abolition of DACA - ForumDaily
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The fate of the 'dreamers' in the balance: what the US Supreme Court thinks about the abolition of DACA

The Supreme Court, judging by the November 12 discussion, is leaning on the side of the U.S. President Donald Trump’s administration to close the DACA program, which allows almost 700 000 young illegal immigrants brought to the States by children to live and work in the United States without fear of deportation. Writes about this USA Today.

Фото: Depositphotos

During a lengthy 80-minute oral discussion in a crowded courtroom, which was attended by some of the threatened immigrants, several judges noted that the Department of Homeland Security outlined several compelling reasons for its decision to cancel the program.

Judge Neil Gorsach said that a large number of people have already suffered from this program, and the possible consequences of ending the DACA for employers and residents of the United States will also be taken into account.

Liberal judges insisted that the decision to quash The DACA looks more political than legal, emphasizing that the Supreme Court should be guided by the letter of the law.

Judge John Roberts, who had previously voted against introducing citizenship in the census in 2020, said this time that the attorney general could justifiably claim that the DACA was illegal.

The court’s decision will probably not be issued until next spring, when the US presidential election campaign of 2020 is in full swing. Even if the court allows the cancellation of the program, most DACA recipients will retain protection against deportation until President Donald Trump or his Democratic successor takes the oath in January 2021. This is because DACA gives participating dreamers protection against deportation, which needs to be updated every two years. And the cancellation of the program does not invalidate this protection, but will make it impossible to extend it.

The threat of losing their protected status prompted hundreds of DACA recipients to protest outside the courthouse.

On the subject: Unexpected effect: 14 of thousands of illegal immigrants took advantage of DACA program for citizenship

The meeting was attended by the president of the University of California, Janet Napolitano, who sued the Trump administration for canceling the program; Ken Cuccinelli, Acting Director of Citizenship and Immigration Services; and Senator Dick Durbin of Illinois.

Until now, almost every federal judge who has tried the case has been on the side of “dreamers.” But statements by Supreme Court judges during the review of this case signal a potential White House victory.

If judges refuse to reverse the Department of Homeland Security’s decision to repeal the DACA, the next president will easily be able to resume the program. If they agree with the Department of Justice that this program is illegal, then Congress will have to intervene.

Legal or political reasons?

The judges did not consider whether the Trump administration has the right to curtail the program; they decide whether the initial introduction of DACA was legal.

Some conservatives asked US Solicitor General Noel Francisco about whether the administration adequately assesses the dependence of DACA recipients on the program, as well as on employers, universities, and others.

On the subject: DACA program ends: what will happen to immigrants now

Liberal justices appeared disinclined to uphold the Trump administration's decision—in particular, Associate Justice Sonia Sotomayor said the administration had not made clear its reasons for canceling the program: "It's not about the law."

Trump vs Obama, again

President Barack Obama created the DACA program in 2012 after negotiations with Congress to create a path for citizenship for illegal immigrants brought to the United States by children yielded no results.

Texas has threatened to sue the DACA if the Trump administration doesn't get it over with. When the Department of Homeland Security did this, lawsuits were filed from California to New York, and two federal judges blocked the cancellation of the program.

The California 9 County Court of Appeals has ridiculed efforts to deport "flawless and cost-effective young people with no criminal history."

To receive DACA protection, an illegal immigrant must be a college student, high school graduate in the USA, enrolled in the US Army, or have already served in it. If an illegal person has been convicted of a felony, a serious offense, or more than three less serious crimes, he is deprived of the right to participate in the program.

In addition to the postponement that the program provides for “dreamers,” the matter is important for several legal and political reasons:but it is a struggle for the separation of powers between the executive and legislative branches.

This is the third major immigration battle during the Trump presidency, in which it comes to court.

On the subject: Harvard DACA students fear for their future and the fate of their loved ones

A victory in the Supreme Court will allow Trump to resume negotiations with Congress: earlier he announced his readiness to maintain and even expand the DACA in exchange for increased funding for the construction of the border wall.

Even before the court debate was over, the president wrote on Twitter a readiness to “strike a deal with the Democrats” if the Supreme Court upheld his plans to curtail the DACA program.

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