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. (Laurel Brubaker Calkins – Bloomber Politics)”

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