The Trump administration just notified the Supreme Court that DACA recipients cannot receive work permits to stay in this country under federal law.
The Supreme Court is considering whether Trump is allowed to end DACA, which allows a narrow group of illegal immigrants to remain in the country. Obama signed the order allowing it – Trump is seeking to end this order.
“The theory on which DACA rests effectively allows the government to create a shadow INA [legalization law] for any category of aliens that it chooses to make low-priority targets, a shadow second-tier INA. And you, at the very least, need to locate something in the INA that confers that kind of broad and unfettered discretion. And there is simply nothing there,” Solicitor General Leon Francisco told the court.
In other words, there is nothing in federal law that allows the federal government to effectively write a new law and allow people who are here illegally to stay under work visas.
DACA is supposed to be “deferred action,” meaning the government decides to simply pursue other, more important cases. But that’s clearly not what DACA really does. It is a de facto amnesty.
“My second point is that DACA goes far beyond simply diverting resources to higher priority targets,” said Francisco.
This is all very important: it means that the administration is trying to return power to Congress rather than having illegal powers being wielded by the President. Most presidents never would have done this. But Trump is clearly doing things differently.
Read the full article here.