DACA Hits the Supreme Court on Tuesday

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The Supreme Court will begin hearing arguments over DACA on Tuesday. The controversy over Obama’s protections for Deferred Action Childhood Arrivals is expected to have a ruling by next summer, just before the 2020 elections. At the heart of the argument are 700,000 people and their deportation status. The program shields immigrants who came to this country before the age of 16 and continue their immigration status here illegally. Polling shows consistently that the majority of Americans are in favor of protection for Dreamers.

The primary case before the Supremes is a lawsuit filed by the University of California, where a district judge halted Trump’s DACA repeal, and a federal judge in the 9th Circuit upheld the ruling.

The Supreme Court has consolidated that case — Department of Homeland Security v. Regents of the University of California — with two other legal challenges to Trump’s DACA repeal that arose through federal courts in Washington, D.C., and New York. Judges in those cases also sided against the Trump administration.

The justices will now be determining if the lower courts have the power to review the DACA repeal, and also if the Trump administrations move was legally justified, or if it was “arbitrary and capricious,” and thus illegal under the act. The Trump administration maintains that the executive order to protect Dreamers was unconstitutional.

“If they do what is right and do not let … DACA stand, with all of its negative legal implications, the Republicans and Democrats will have a DEAL to let them stay in our Country, in very short order,” Trump tweeted last month. “It would actually benefit DACA, and be done the right way!”


But Trump and Republicans also see a ruling in their favor as a chance to seek more concessions on immigration from Democrats in exchange for protecting the Dreamers.

  For more details, see The Hill