DREAMers Given Critical Reprieve by the Courts

With just days to go until the White House’s deadline for terminating DACA (Deferred Action for Childhood Arrivals,) the judicial system provided immigrant families with an appreciated reprieve. Immigrants who came to the United States in their youth and registered for DACA will not be forced to leave the country – at least not anytime soon.

Originally, President Donald Trump and his administration planned a March 5 expiration, arguing that if Congress didn’t come up with a plan for DACA, they’d end the program altogether. In recent weeks, we watched the Senate fail to make any headway on a compromise, although no one was more instrumental in thwarting bipartisan legislation than Trump himself.

Since DACA’s future has been on the rocks, two lower courts have ruled that the government cannot end the program. Currently, the case is headed to the 9th Circuit Court of Appeals, which NPR describes as “famously liberal-leaning.” For that reason, the DOJ requested that the Supreme Court take the case now and skip waiting for the 9th Circuit Court to weigh in.

However, the Supreme Court decided not to take the case – at least not until it’s made its way through the proper channels – essentially rendering Trump’s deadline meaningless and giving an indefinite extension to DACA recipients.

For the Supreme Court to take up the case in this manner, they’d have to consider the issue to be somewhat of a national emergency. It’s safe to say few outside of the Trump administration feel that kicking out law-abiding young people who have grown up in the United States is something that needs to be tackled on an urgent time schedule.

“Today’s Supreme Court action shows that rescinding DACA was not only legally questionable, but also unjust and cruel,” said House Minority Leader Nancy Pelosi. “The court’s action is welcome news, but only Congress can provide the permanent protection our DREAMers need and deserve.”

She’s right – what the DREAMers really need is substantial legislation to cement their rights into law. Without that, nearly 700,000 DREAMers could see their status permanently in limbo.

Seventy-nine percent of Americans want to see DREAMers offered a pathway to U.S. Citizenship, so legalizing the program shouldn’t even require much of a compromise, but efforts have stalled. As California Attorney General Xavier Becerra explains, DACA should be left out of larger immigration legislation altogether and should instead just be passed on its own merit.

Meanwhile, the White House continues to insist that DACA is “clearly unlawful” because it “benefits… illegal immigrants en masse.” In a statement, the administration said that it expects to come out victorious on the issue of getting rid of the program, even if it requires ultimately taking the case to the Supreme Court.

Given that the Supreme Court declined to hear the case without giving any indication on how it would rule, the Trump administration shouldn’t be so confident. At the very least, we probably won’t know how the justices feel for several months if not another year or two.

Photo credit: Thinkstock.

68 comments

Marie W
Marie W3 months ago

Thank you for sharing

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DAVID fleming
Past Member 7 months ago

Thank you

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Chad Anderson
Chad A7 months ago

Thank you!

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One Heart i
One Heart inc8 months ago

Thanks!!!

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Roberto MARINI
Roberto MARINI8 months ago

thanks for sharing

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Jack Y
Jack Y8 months ago

thanks

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Jack Y
Jack Y8 months ago

thanks

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John J
John J8 months ago

thanks for sharing

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John J
John J8 months ago

thanks for sharing

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RONALD W
RONALD Walker8 months ago

Because of our do nothing congress we have such problems. If I had a billion or two and had nothing better to do with the money. I would start buying republicans to chance such laws. Koch brother showed how it works! Doing what is right has become a problem in this time in history.

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