Eventually the state challenges to the recension of DACA will work through the appellate courts and arrive at the Supreme Court. It is likely SCOTUS will take the same position on DACA as they did on DAPA; overrule the state challenges and determine the program unconstitutional.In the interim, President Trump had requested that congress take up the DACA issue as part of their responsibility to put forth an immigration reform bill. Democrats have abandoned legislative efforts to assist those impacted by DACA, and have instead chosen to make DACA a political issue for the 2018 mid-term election.
MARYLAND – […] Judge Roger W. Titus, a Bush appointee, ruled late Monday President Trump acted within his authority in his plan to rescind an executive order former President Barack Obama announced in 2012 as a way to protect illegal immigrants who were brought to the United States as minors. Trump ended the order over a period of six months until Congress could legislatively solve the problem.
[…] While a major win for the Trump administration, the decision does not affect the current status of DACA. The program is still in place because other courts have handed down injunctions mandating the program continue while legal challenges to Trump’s decision to end the program continue. The administration originally set a March 5 deadline for the end of DACA.
Current recipients are able to apply for renewal while the cases are pending, but no new illegal immigrants who would otherwise be covered by the program can apply.
A Justice Department spokesman praised the judge’s decision.
“The Department of Justice has long maintained that DHS acted within its lawful authority in making the discretionary decision to wind down DACA in an orderly manner, and we welcome the good news today that the district court in Maryland strongly agrees,” DOJ spokesman Devin O’Malley said in a statement. (read more)
Here’s the ruling:
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Here’s the back-story to the parallel executive action around DAPA.
D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – was the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February 2015 with the issuance of an emergency injunction.
- The DOJ appealed the Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
- The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
- The DOJ filed an appeal with the US Supreme Court.
- On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
- April 18th, 2016, the court heard oral arguments –full pdf transcript –
- June 24th, 2016 the Supreme Court Ruling was announced –full pdf ruling–