Lawyers arguing to keep DACA intact have used their final briefs to throw Chief Justice John Roberts’ words back at him in hopes to peel him away from the conservative majority and get a 5-4 ruling in their favor.
The lawyers have taken language from last year’s ruling about adding a citizenship question to the census, arguing that the administration’s reasons for wanting to end DACA are not “true” or “genuine” and are “pretextual.”
Trump administration lawyers countered those arguments and said their arguments were not pretextual in their final briefs on the case.
President Donald Trump has said that DACA was illegal from the very beginning, and that it should be passed by Congress rather than done as an executive order by then-President Barack Obama. Advocates have sued Trump to prevent him from getting rid of DACA, though.
It isn’t even that Trump is against allowing illegal immigrants that came into the country as children to pursue a path to citizenship, he just doesn’t think doing so falls under executive powers. He offered Congress a deal to keep DACA as congressional legislation several times, but tying it to building the border wall or limiting immigration in other ways killed the idea on arrival in the Democrat-led House.
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