Immigration and Citizenship

RELEASE: Trump Administration Tries to Convince SCOTUS to Take Responsibility for Catastrophic Consequences of Rescinding DACA

“If President Trump wants to make the choice to destroy lives, as Justice Sotomayor put it, he needs to own that decision and take public responsibility for it.” — CAC Chief counsel Brianne Gorod

WASHINGTON – Following oral argument over the future of the Deferred Action for Childhood Arrivals policy at the Supreme Court, which Constitutional Accountability Center Chief Counsel Brianne Gorod attended, Gorod issued the following reaction:

It’s stunning how little time this morning the Administration’s lawyer spent defending the proposition that DACA is unlawful—presumably because that argument is so difficult to make, given the broad discretion Congress has long conferred on the executive branch to make these types of enforcement decisions. Instead the Administration’s lawyer kept insisting that the Administration’s decision also rested on other grounds. But as multiple justices pointed out, it is bedrock law that the courts review the reasons that the agency gave when it acted, not reasons it gave after the fact. It’s telling that the Solicitor General doesn’t seem to want that here.

In addition, Justice Sotomayor powerfully brought home the stakes of the Trump Administration’s decision to terminate DACA, observing that it would “destroy lives.”  The President told the public that the law requires him to make that choice, but that’s wrong, and the Court shouldn’t do the President’s dirty work for him. If the President wants to make the choice to destroy lives, as Justice Sotomayor put it, he needs to own that decision and take public responsibility for it.

#

Resources:

CAC case page, featuring brief on behalf of 172 current members and bipartisan former members of Congress, in Department of Homeland Security v. Regents of the University of California: https://www.theusconstitution.org/litigation/department-of-homeland-security-v-regents-of-the-university-of-california-trump-v-naacp-and-mcaleenan-v-vidal/

SCOTUSblog symposium: “The DACA cases may be the next big test for the Roberts Court,” Brianne Gorod and Dayna Zolle, September 11, 2019: https://www.scotusblog.com/2019/09/symposium-the-daca-cases-may-be-the-next-big-test-for-the-roberts-court/

##

Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

###

More from Immigration and Citizenship

Immigration and Citizenship
November 14, 2019

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

We The People
Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA)...
Immigration and Citizenship
November 5, 2019

High court to weigh Trump’s ending of program for young, undocumented immigrants

Capital News Service
The Supreme Court is due to hear arguments next week over the constitutionality of President...
Immigration and Citizenship
U.S. Supreme Court

Department of Homeland Security v. Regents of the University of California; Trump v. NAACP; and McAleenan v. Vidal

In three consolidated cases, Department of Homeland Security v. Regents of the University of California, Trump v. NAACP, and McAleenan v. Vidal, the Supreme Court is considering whether the Trump Administration’s decision to end the Deferred Action for...
Immigration and Citizenship
October 4, 2019

RELEASE: CONGRESSIONAL LEADERS FILE BIPARTISAN AMICUS BRIEF IN SUPPORT OF DACA IN THE SUPREME COURT

“President Trump’s claim that the law made him take away DACA’s protections is completely false. The...
By: Elizabeth B. Wydra, Senator Richard Durbin, Representative Zoe Lofgren
Immigration and Citizenship
September 11, 2019

Symposium: The DACA cases may be the next big test for the Roberts Court

SCOTUSblog
Earlier this year, President Donald Trump made news when he suggested, repeatedly, that he views the Supreme...
By: Brianne J. Gorod, Dayna Zolle
Immigration and Citizenship
U.S. Court of Appeals for the District of Columbia Circuit

Grace v. Barr

In Grace v. Barr, the United States Court of Appeals for the District of Columbia Circuit is considering the legality of new rules established by the Trump administration that gut asylum protections for immigrants fleeing violence...