People rally outside the Supreme Court as oral arguments are heard in the case of President Trump’s decision to end the Obama-era, Deferred Action for Childhood Arrivals program (DACA), Tuesday, Nov. 12, 2019, at the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)
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UPDATED 6:59 AM PT — Friday, November 15, 2019
The legal language used by a former Obama-era holdover could be the reason the White House has not been able to end the Deferred Action for Childhood Arrivals, or DACA, program. The New York Times recently reported former acting Department of Homeland Security Secretary Elaine Duke wrote the memo formally ending the program at the direction of Jeff Sessions at 2017.
Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)
Sessions argued DACA was unconstitutional and conflicted with the administration’s new direction on immigration policy. When Duke issued her memo, however, she relied only on Sessions’ assertion and failed to mention any legal issues regarding the program. The holes in the memo are ultimately what allowed three lower courts to temporarily resurrect DACA by arguing the administration lacked a proper rationale to end it.
The Times described Duke’s memo as “bare bones” leading politicians to infer that Duke intended to leave a back door for courts to combat the Trump administration. The high court began hearings on Tuesday. Justices will likely decide the fate of the program by June of next year.
DACA recipients with arrest records: 53,792! That is a very large proportion of the total. @LouDobbs Not good, but we will be able to make a deal with the Dems!
— Donald J. Trump (@realDonaldTrump) November 13, 2019
File -Elaine Duke, former acting Secretary of Homeland Security, is pictured. (AP Photo)
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