"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
WASHINGTON (Reuters) – President Donald Trump’s administration asked the U.S. Supreme Court on Monday to allow it to end a program introduced by former President Barack Obama that protects thousands of young immigrants who live in the United States without legal status.
FILE PHOTO: Activists and DACA recipients march up Broadway during the start of their ‘Walk to Stay Home,’ a five-day 250-mile walk from New York to Washington D.C., to demand that Congress pass a Clean Dream Act, in Manhattan, New York, U.S., February 15, 2018. REUTERS/Shannon Stapleton/File Photo
The day before congressional elections in which Trump’s harsh anti-immigration rhetoric has taken center stage, the administration urged the justices to throw out three lower court rulings that blocked Trump’s plan to wind down the Deferred Action for Childhood Arrivals (DACA) program.
The policy has shielded from deportation immigrants dubbed “Dreamers” and given them work permits, though not a path to citizenship.
In a court filing, Solicitor General Noel Francisco said the original DACA policy was introduced by Obama administration officials “even though existing laws provided them no ability to do so.” Now, it is lawful for the Department of Homeland Security to change course, he added.
“It is plainly within DHS’s authority to set the nation’s immigration enforcement priorities and to end the discretionary DACA policy,” Francisco said.
The Justice Department’s move was unusually aggressive in terms of procedure, asking the justices to take action even before intermediate federal appeals courts have ruled on the three lower court rulings. The administration says a final ruling is urgently needed.
If the Supreme Court, which has a 5-4 conservative majority, agrees to hear the case, a ruling would likely come before the end of June.
Poll: Voter enthusiasm surges among U.S. Hispanics
Trump and his conservative political allies have made his hard-line policies toward immigration a key issue ahead of Tuesday’s midterm elections that will determine if his fellow Republicans maintain control of Congress.
The Trump administration has argued that Obama exceeded his constitutional powers when he bypassed Congress and created DACA, which offers protections to roughly 700,000 young adults, mostly Hispanics.
The administration is contesting three different district court rulings from judges in California, New York and the District of Columbia that told the administration to continue processing renewals of existing DACA applications while litigation over the legality of Trump’s action is resolved.
Reporting by Tom Hals and Lawrence Hurley, Editing by Rosalba O’Brien
The Administration shows its utter contempt for the Third Branch in two ways:
First, by essentially demanding to skip appealing the District Court orders to the Courts of Appeals, as all other litigants are required to do, they are expressing their contempt for the proper role of the Courts of Appeals;
Second, by publicly indicating that they “own” the Supremes and can get them to short-Circuit the system and do their bidding on demand.
A prudent Court would send Trump packing. Indeed, there is no reason whatsoever to allow the Government to circumvent the legal system here. Given that there are already 750,000 cases in Immigration Court, the 800,000 “Dreamers” aren’t going anywhere. Clearly, the Administration’s claim of “urgency” is totally bogus. Moreover, given the sympathetic circumstances of the Dreamers, there is no reason for the Court to rush on this one. It remains something that Congress eventually will have to solve, no matter how much they might want to avoid doing so.
We’ll see how this one plays out. It will tell us lots about the wisdom, integrity, and courage of the Supremes in the age of Trump.
“The U.S. Supreme Court will decide three cases in coming months that could help or hinder President Donald Trump’s efforts to ramp up border security and accelerate deportations of those in the country illegally.
The three cases, which reached the court before Democratic President Barack Obama left office, all deal broadly with the degree to which non-citizens can assert rights under the U.S. Constitution. They come at a time when the court is one justice short and divided along ideological lines, with four conservatives and four liberals.
The justices will issue rulings before the end of June against the backdrop of high-profile litigation challenging the lawfulness of Trump’s controversial travel ban on people traveling from seven predominantly Muslim countries.
The most pertinent of the three cases in terms of Republican Trump administration priorities involves whether immigrants in custody for deportation proceedings have the right to a hearing to request their release when their cases are not promptly adjudicated.
The long-running class action litigation, brought by the American Civil Liberties Union (ACLU) on behalf of thousands of immigrants detained for more than six months, includes both immigrants apprehended at the border when seeking illegal entry into the United States and legal permanent residents in deportation proceedings because they were convicted of crimes. The case also could affect long-term U.S. residents who entered the country illegally and have subsequently been detained.
The Trump administration has said it wants to end the release of immigrants facing deportation and speed up the process for ejecting them from the country. A decision in the case requiring additional court hearings could have very direct implications for the administration’s plans, said ACLU lawyer Ahilan Arulananthan, especially since immigration courts currently have a backlog of more than 500,000cases.
The ACLU estimates that up to 8,000 immigrants nationwide at any given time have been held for at least six months. A U.S. Immigration and Customs Enforcement official was unable to immediately confirm data on length of detention but said that in fiscal year 2016, the average daily count of detainees was just under 35,000.
“If Trump wants to put more people in deportation but does not increase the number of immigration judges, then people are going to have to wait longer and longer to get a hearing,” said Stephen Yale-Loehr, an immigration law professor at Cornell Law School.”
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I would think that nominating a Solicitor General to be in charge of all Federal litigation, particularly at the Supreme Court level, would be a very high priority for President Trump.
