Trump and the never ending BS
On Tuesday, the Supreme Court of the United States heard the case that addressed the question of whether President Trump had the power to decide to end the Deferred Action for Childhood Arrivals program, which permitted some undocumented immigrants to stay in the United States. The Supreme Court likely will decide this important case in June 2020, right in the heat of the 2020 presidential election.
President Barack Obama signed an executive order permitting the Dreamers to remain in the United States and live and work here. Trump had decided to wind down DACA, and there is little doubt that he has that ability. However, several lower courts held that Trump acted improperly by not providing a reason for why he did so. This Supreme Court will do one of two things with the program – 1) find that Trump was okay in ending DACA and there was no need for more affirmative reasoning or 2) find that Trump has to provide a better reason for why he ended DACA (see last term, when the Court sent the census matter back asking Trump to provide a reason that was not pure BS.)
Trump in his normal approach tweeted about it, and the tweet is wrong on all levels: “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!”
Nobody in DACA was permitted to stay if they are criminals. That is wrong. Obama never said he had no legal right to sign it. And no deal will be made to let them stay – we are in the Supreme Court addressing the issue because of positions that the Trump administration took to end DACA. Benevolent and Trump never go together, and this is just another weak effort by this president to try to gain votes. Do not fall for it.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.