PODCAST (National Constitution Center): Can the Trump Administration End DACA?

Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can, was the decision to rescind DACA legal? And is DACA itself legal and constitutional? Brianne Gorod of the Constitutional Accountability Center and Josh Blackman of the South Texas College of Law Houston join host Jeffrey Rosen to dive into the questions.

Josh Blackman is an Associate Professor of Law at the South Texas College of Law Houston and an adjunct scholar at the Cato Institute. He has twice testified before the House Judiciary Committee on the constitutionality of executive action on immigration and health care. Josh is the founder and President of the Harlan Institute, and blogs at JoshBlackman.com.

Brianne Gorod is Chief Counsel at the Constitutional Accountability Center. She was previously a Supreme Court and appellate lawyer in private practice, and served as an Attorney-Adviser in the Office of Legal Counsel at the Department of Justice. She also clerked for Justice Stephen Breyer on the Supreme Court.