Texas’s DACA Challenge Sets Up Supreme Court Showdown

Texas’s DACA Challenge Sets Up Supreme Court Showdown

In an interview with Bloomberg, I discuss the concern that Texas’s recent DACA challenge could force the issue into the Supreme Court.

Should U.S. District Judge Andrew Hanen decide in favor of Texas, he would be in conflict with other U.S. District Judges on the same matter. This could well mean that the issue would be mediated by the U.S. Supreme Court:

““If this judge issues an injunction in Texas’s favor, that definitely gives Trump political cover to say his hands are tied, that he’d like to be compassionate, but a judge made him end DACA,” Yale-Loehr, who has written a 21-volume treatise on immigration law, said in a phone interview. “Then the Justice Department can go back to the Supreme Court and ask them to take up the case now” rather than wait until the other judges’ decisions wind their way up through appellate courts, he said.”

While some feel this would be the end of  DACA, the outcome could still be uncertain:

…”no one can predict with certainty how the recently reconstituted high court will view immigration policies implemented by a president without congressional approval, which is the complaint that both Texas and the Trump administration have lodged against the Obama initiatives. ( – Bloomber Politics)”

Click on the link below to read the full article:

https://www.bloomberg.com/news/articles/2018-05-02/texas-s-daca-challenge-sets-up-supreme-court-dreamer-showdown

 

New York Times: U.S. Must Keep DACA and Accept New Applications, Federal Judge Rules

New York Times: U.S. Must Keep DACA and Accept New Applications, Federal Judge Rules

On April 24 a federal judge ruled to keep DACA and that the government must resume accepting new applications. The ruling is a major setback to the Trump administration’s efforts to eliminate DACA in a series of immigration cuts.

Stephen Yale-Loehr, a professor of immigration law at Cornell Law School, said that Judge Bates’s ruling, if upheld on appeal, would “benefit tens of thousands of Dreamers.”

Read the article here: https://www.nytimes.com/2018/04/24/us/daca-dreamers-trump.html

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

DACA Phaseout is Chance to Rethink Policy, but RAISE Act is Wrong Answer

DACA Phaseout is Chance to Rethink Policy, but RAISE Act is Wrong Answer

In six months, the Trump administration will wind down the DACA program, which gives Congress an opportunity to not only help DACA participants, but to look at the big picture and ask ourselves fundamental questions. These questions start with “Who should we admit to the U.S.?” “how many people,” and “what kinds?”

Republican Sens. Tom Cotton of Arkansas and David Perdue of Georgia have introduced the RAISE Act in an attempt to provide new answers to the critical questions. But the plan, backed by Trump, is an overly simplistic solution to a complex issue. Given the provisions within the RAISE Act, it would reduce legal immigration by 50% within the next decade.

As far as Trump, Cotton and Perdue are concerned, the United States should only admit immigrants who are wealthy, speak English and have science, technology, engineering and math backgrounds. But they fail to address crucial questions.

Read the full piece on USAToday, here.

Cornell University Panel on Trump’s Immigration Executive Actions

Cornell University Panel on Trump’s Immigration Executive Actions

On Friday, September 8, I moderated a panel at Cornell Law School analyzing President Trump’s immigration executive actions. The panelists were three eminent constitutional law scholars: Michael Dorf from Cornell, Ilya Somin from George Mason, and Eric Posner from the University of Chicago. The panel discussed both the travel ban and DACA rescission litigation and the Ninth Circuit’s September 7 decision. It also provides a good primer on plenary power and executive power generally. Toward the end, I asked the panelists for their predictions on how the Supreme Court might rule in the travel ban case. Oral arguments in that case will be held in October.

Over 200 people attended in person, and many more watched via livestream. A video of the panel discussion is at https://cornell.hosted.panopto.com/Panopto/Pages/Viewer.aspx?id=157b5ce5-2e10-462e-8ed0-a641cf1dd6f5. The panel discussion begins at about minute 6:30, after the introduction by law school dean Eduardo Penalver.