On Tuesday, Nov. 12th, the Supreme Court will review a Trump administration decision to “wind down” the controversial Deferred Action for Childhood Arrivals (DACA) program announced by President Obama by executive order in 2012. The program has provided protection from deportation for more than 800,000 young immigrants who came to the country illegally. President Trump has expressed sympathy for individuals covered by the DACA program, but his attempts to bring Republican and Democratic lawmakers to the table to make a legislative deal have failed. The question of whether the Trump administration had the legal power to end the program is not at issue. Instead, Supreme Court must decide whether the Trump administration provided valid reasons for ending the program. President Trump has intimated in recent comments that a Supreme Court ruling in his favor is the only way to bring Democrats back to the drawing board for negotiations.
Policy makers and activists on the Left are arguing that the Trump administration did not provide adequate reasons for “winding down” the DACA program. Democrats cite the “human toll” rolling back DACA would have and urge compassion on the nearly 670,000 immigrants currently covered by the program. The Left is making essentially two arguments: first that the Trump administration failed to provide adequate reasons for seeking to end the program; and second, that ending the program would cause undue hardship to those covered by the program.
“The judiciary, in turn, has a limited but essential role: ensuring that the executive considers and clearly explains the consequences of new approaches, especially for those who will be profoundly affected by a change.” Former solicitor general Theodore B. Olsen
The Trump administration has argued that it is illegal for the executive branch to create a program that gives protections to people who are here illegally. Republicans in the administration believe the executive has broad discretion over matters related to immigration, but they have been consistently stymied by lower court actions. While Trump and many other Republicans have expressed sympathy for those covered by DACA, the overarching strategy appears to use a SCOTUS decision in Trump’s favor as a bargaining chip to address other contentious immigration issues.
“We are going to deal with DACA with heart,” Trump said in February 2017. “I have to deal with a lot of politicians, don’t forget, and I have to convince them that what I’m saying is right.” President Trump(FOX NEWS)