Trump now openly defies the Supreme Court

The Trump administration announced on Tuesday that it will continue to challenge a federal court order that restores the entire DACA program, the Obama-era program that allows 700,000 immigrants to live and work in the United States legally. In doing so, the administration chose to violate a decision of the Supreme Court, effectively rejecting the authority of the judiciary to determine what the law was.

Donald Trump first tried to cancel the deferred work program for childhood arrival in September 2017, a move that would strip beneficiaries of work permits and expose them to deportation. But his administration consistently cuts corners, fails to explain the basis for its decision and refuses to consider the impact of the DACA cancellation on immigrants, their communities, and employers (including the U.S. military). In June, the Supreme Court ruled that management procedures were "arbitrary and volatile" under federal law and therefore "repealed" the DACA's cancellation.

To implement this decision, US District Judge Paul Grimm forced the administration to return the DACA to its previous abolition status on July 17. Grimm ordered the Department of Homeland Security to allow DACA beneficiaries to renew their status for two years, accept new applicants, and restore a "pre-conditional release" that permits travel outside the country. But DHS didn't do that. Instead, the agency confirmed that it would reject new applicants from the DACA. It also refused to accept DACA renewals or pre-conditional release.

At a hearing on Friday, Grimm, a lawyer for the Justice Ministry, was torn for his disregard. He explained that the government's actions created "a feeling and belief that the agency ignores binding decisions" from the Supreme Court. Justice Department attorneys insisted that the DACA's requests were "pending", or "put in a bucket", while the administration decided how to proceed. But, as Grimm replied, "It is a distinction without a difference to say that this request was not rejected, it was received and put into a bucket." The judge again instructed the Department of Homeland Security to comply with the law by accepting new applicants and addressing renewals.

Incredibly, the agency decided not to comply with this matter either. On Tuesday, Acting Health and Human Services Secretary Chad Wolf announced that he would not accept new applications and would only be given one year to extend to existing beneficiaries "on a case-by-case basis". This tactic will make it easier for Trump to deport beneficiaries of the DACA if he wins re-election, because their status will end sooner. The agency will also deny the prior conditional release "in exceptional circumstances which are absent." This new policy is nothing less than an explicit challenge to a federal court decision. Grimm, and the Supreme Court itself, has ordered the full revival of the DACA, which requires admission of new applicants and granting renewals of two years. There is simply no legal basis for the DHS version of the program.

Post a Comment