Immigration and Citizenship

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.

More from Immigration and Citizenship

Immigration and Citizenship
U.S. Court of Appeals for the Second Circuit

Velasco Lopez v. Decker

In Velasco Lopez v. Decker, the U.S. Court of Appeals for the Second Circuit is considering whether the government may incarcerate someone without bail during deportation proceedings without showing that the person would likely abscond or...
Immigration and Citizenship
February 13, 2020

RELEASE: ICE Policy Change Made Illegally Under Matthew Albence Prompts Lawsuit

“This Administration should not be allowed to thumb its nose at the Constitution and laws...
By: Brianne J. Gorod, Rachel Goodman (Counsel for Protect Democracy), Cecelia Friedman Levin (Policy Director of ASISTA Immigration Assistance)
Immigration and Citizenship
January 28, 2020

Dems Urge 9th Circ. To Reject ‘Indefinite’ Detention Of Minors

Law360
(Article behind paywall.)
By: Dayna Zolle, By Jack Queen
Immigration and Citizenship
U.S. Court of Appeals for the Second Circuit

State of New York v. U.S. Department of Homeland Security

In State of New York v. U.S. Department of Homeland Security, the United States Court of Appeals for the Second Circuit is considering the legality of a Trump Administration rule redefining the term “public charge” for...
Immigration and Citizenship
U.S. Court of Appeals for the Second Circuit

Make the Road New York v. Cuccinelli

In Make the Road New York v. Cuccinelli, the United States Court of Appeals for the Second Circuit is considering the legality of a Trump Administration rule redefining the term “public charge” for purposes of excluding...
Immigration and Citizenship
U.S. Court of Appeals for the Ninth Circuit

Flores v. Barr

In Flores v. Barr, the United States Court of Appeals for the Ninth Circuit is considering whether new Trump Administration regulations are inconsistent with the Flores Agreement, a settlement agreement governing “the detention, release, and treatment...