If the Supreme Court agrees with the new decision by a Texas federal judge, it will be devastating to 600,000 Dreamers.
In 2020, the Supreme Court rejected Trump’s rescission of DACA based on the argument that the Trump administration had not sufficiently justified terminating the program. In the Supreme Court’s 5-4 ruling, however, the high court did not decide whether Obama had legally created DACA., in which the four liberal members — Sonia Sotomayor, Elena Kagan, Stephen Breyer and Ruth Bader Ginsburg — joined. Breyer and Ginsburg are no longer on the court.
Dreamers, Roberts wrote , had “enrolled in degree programs, embarked on careers, started businesses, purchased homes and even married and had children” in reliance on DACA. If recipients were excluded from the workforce, Roberts noted, it could result in the loss of $215 billion to the economy and $60 billion in federal tax revenue over the next 10 years.
If the Supreme Court ultimately strikes down DACA, it will be a devastating blow to hundreds of thousands of Dreamers.” — which was to become effective in 2022, in an attempt to bolster the program’s legality. Unlike the Obama memo that established DACA, the Final Rule did have a notice-and-comment period to comply with the APA. The Final Rule hasn’t gone into effect, however.
Hanen was not persuaded that the Final Rule cured the legal defects in the Obama administration’s initiation of the program. “There are no material differences” between the 2012 Obama memorandum that established DACA and the Final Rule, Hanen wrote in his September 13 opinion, adding: “The executive branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void.” Hanen ruled that the DACA program either stands or falls as a whole.
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