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-   -   DHS Urges Justices To Take Up DACA Rollback Case (http://dreamact.info/forum/showthread.php?t=83606)

Red neck 05-28-2019 09:46 AM

DHS Urges Justices To Take Up DACA Rollback Case
 
Law360 (May 24, 2019, 8:06 PM EDT) -- The U.S. Department of Homeland Security is pushing the U.S. Supreme Court to put the planned rescission of the Deferred Action for Childhood Arrivals program back on course, saying Friday that the justices should take up the issue before going on summer break.

DHS is appealing a split Fourth Circuit panel's ruling this month that the agency's decision to terminate DACA, which has provided deportation relief for 800,000 young people brought to the U.S. as children, was "arbitrary and capricious" in violation of administrative law. The panel reversed part of a lower court's ruling upholding DHS' decision.

Noting that three other decisions on the DACA rescission's legality have been pending before the Supreme Court since late last year, DHS urged the justices to quickly grant all petitions, including the present one, before the court’s summer session starts next month. Because the cases involve the same main challenges, the high court should also combine the appeals, the agency said.

“To ensure an adequate vehicle for the timely and definitive resolution of this dispute, the government respectfully submits that the court should expedite consideration of this petition to permit consideration before the court’s summer recess, alongside the pending petitions in Regents, Batalla Vidal and NAACP,” the agency said in its petition, referring to the other cases.

The Trump administration's announcement that it would begin rolling back DACA had sparked a slew of lawsuits brought by states and advocates around the country, challenging the rescission on both administrative and constitutional grounds.

The policy has since been held in limbo, after federal courts in California and New York handed down nationwide injunctions forcing the administration to continue the policy while litigation is pending. A D.C. federal judge also found in a summary judgment ruling in April 2018 that the administration had not sufficiently explained its reasoning for ending DACA in violation of the Administrative Procedure Act.

The first appeals court to weigh in on the deferred action policy's legality was the Ninth Circuit, which upheld the California court's nationwide injunction in November. The government petitioned the Supreme Court to review that decision later that month. The Second and D.C. circuits could also hand down rulings soon on the issue, as oral arguments in two appeals challenging the DACA rescission were delivered in January and February.

The current suit was filed by immigrant advocacy groups, led by nonprofit Casa de Maryland, and a group of DACA recipients in Maryland federal court in October 2017, the month after then-Attorney General Jeff Sessions announced the program's termination. The groups argued that the rescission violated administrative law on two counts — by not undergoing the APA’s notice-and-comment periods and by lacking sufficient explanation — as well as the U.S. Constitution's due process protections.

In March 2018, the Maryland federal court parted ways with the other courts' findings and upheld the DACA rescission as lawful. While the decision could be reviewed by the courts, the judge found, it was not subject to the notice-and-comment requirements, nor was it arbitrary and capricious or unconstitutional.

But while allowing the DACA rescission to continue, the lower court also said that Trump's DHS could not use information from people previously covered under DACA for immigration enforcement purposes.

Both sides had then appealed to the Fourth Circuit, which ruled in a May 17 opinion that the decision was arbitrary and capricious. The panel majority also found that neither a memo by former acting DHS Secretary Elaine Duke explaining that the administration believed DACA was illegal and would be vulnerable to legal challenges, nor Sessions' accompanying letter announcing the policy rollback, "identif[ied] any statutory provision with which the DACA policy conflicts."

"The point is that the department had before it at the time it rescinded DACA a reasoned analysis from the office tasked with providing legal advice to all executive branch agencies that supported the policy's legality. Yet the department changed course without any explanation for why that analysis was faulty," the appeals court said.

While the panel majority agreed the rescission was judicially reviewable though not subject to the notice-and-comment requirements, it had left constitutional claims untouched.

U.S. Circuit Judge Julius N. Richardson had disagreed in part, writing in a dissent that he believed that the government's decision to end DACA should have been shielded from judicial review.

"To hold otherwise permits the judicial branch to invade the province of the executive and impair the carefully constructed separation of powers laid out in our Constitution," he wrote.

Representatives for DHS and Casa de Maryland did not immediately respond to requests for comment Friday.

DHS is represented by Noel J. Francisco, Joseph H. Hunt, Jeffrey B. Wall, Hashim M. Mooppan, Jonathan Y. Ellis, Mark B. Stern, Abby C. Wright and Thomas Pulham of the U.S. Department of Justice.

Casa de Maryland and immigration advocacy groups were represented at the Fourth Circuit by John A. Freedman and Emily Newhouse Dillingham of Arnold & Porter, Elizabeth J. Bower, Kevin B. Clark and Priya R. Aiyar of Willkie Farr & Gallagher LLP, Dennis A. Corkery of the Washington Lawyers' Committee for Civil Rights and Urban Affairs, and Ajmel Ahsen Quereshi of the Howard University School of Law.

The case is U.S. Department of Homeland Security et al. v. Casa de Maryland et al., case number 18-1469, before the U.S. Supreme Court.

--Additional reporting by Suzanne Monyak. Editing by Aaron Pelc.

https://www.law360.com/immigration/a...on&read_more=1





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@lauradfrancis
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The #DACA cases have disappeared into some kind of black hole at #SCOTUS. Perhaps they'll reemerge now that we have two appeals court decisions saying the administration was wrong to end it. Two more appeals courts have the issue before them and have yet to issue decisions.

@JoshMBlackman
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16/ On a somewhat-related note, I still expect a GVR on the day after the last day of the term in the DACA case, based on the census case: the lower court erred by not affording enough deference to the administration's position. The Indiana case increases the odds of such a punt.

jwxie518 05-28-2019 10:52 AM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
speed this shit up. im tired of waiting.

ECW 05-28-2019 10:54 AM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Legal minds, what does this mean?


@JoshMBlackman
Following Following @JoshMBlackman
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16/ On a somewhat-related note, I still expect a GVR on the day after the last day of the term in the DACA case, based on the census case: the lower court erred by not affording enough deference to the administration's position. The Indiana case increases the odds of such a punt.

freshh. 05-28-2019 11:32 AM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Quote:

"The point is that the department had before it at the time it rescinded DACA a reasoned analysis from the office tasked with providing legal advice to all executive branch agencies that supported the policy's legality. Yet the department changed course without any explanation for why that analysis was faulty," the appeals court said.

So, DACA is legal and the administration killed it just because.

I mean we knew this already, but good to see it in black and white.

DACAgogue 05-28-2019 01:15 PM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Quote:

Originally Posted by ECW (Post 736790)
Legal minds, what does this mean?


@JoshMBlackman
Following Following @JoshMBlackman
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16/ On a somewhat-related note, I still expect a GVR on the day after the last day of the term in the DACA case, based on the census case: the lower court erred by not affording enough deference to the administration's position. The Indiana case increases the odds of such a punt.

It means they Grant the cert for a hearing, cancel the orders of the lower courts (effectively stopping all renewals in their tracks) and put the case on schedule to be heard.

And for all those that think this gonna get us some relief, if Congress couldn't pass a bill to pay citizens during the shutdown, what makes you think they'll help DREAMers. I hope y'all have savings for 2024

Copper 05-28-2019 01:37 PM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Quote:

Originally Posted by DACAgogue (Post 736794)

And for all those that think this gonna get us some relief, if Congress couldn't pass a bill to pay citizens during the shutdown, what makes you think they'll help DREAMers. I hope y'all have savings for 2024

Nailed it. You have some Dreamers here really dreaming and living in clouds thinking that if DACA gets canceled somehow Congress will rush to our rescue when they canít even agree on healthcare and infrastructure :lol:

DACA gets canceled now, than god speed to everyone. Because Congress will not touch immigration any time soon.

2MoreYears 05-28-2019 01:38 PM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Demise explain all that crap to me plz.

Thanks in advance babe.

ECW 05-28-2019 01:47 PM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Quote:

Originally Posted by Copper (Post 736796)
Nailed it. You have some Dreamers here really dreaming and living in clouds thinking that if DACA gets canceled somehow Congress will rush to our rescue when they canít even agree on healthcare and infrastructure :lol:

DACA gets canceled now, than god speed to everyone. Because Congress will not touch immigration any time soon.


Of course if DACA gets canceled right now no one should expect "path to citizenship" legislation to happen. But I guarantee you though that if it get canceled, there will be some sort of extension legislatively. There will be total chaos if not

PapiChulo 05-28-2019 01:55 PM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Quote:

Originally Posted by ECW (Post 736798)
Of course if DACA gets canceled right now no one should expect "path to citizenship" legislation to happen. But I guarantee you though that if it get canceled, there will be some sort of extension legislatively. There will be total chaos if not

yeah, they'll come up with some shit when it gets cancelled.

cmeow 05-28-2019 01:57 PM

Re: DHS Urges Justices To Take Up DACA Rollback Case
 
Quote:

Originally Posted by ECW (Post 736798)
Of course if DACA gets canceled right now no one should expect "path to citizenship" legislation to happen. But I guarantee you though that if it get canceled, there will be some sort of extension legislatively. There will be total chaos if not

Except chaos is exactly what one party wants. Example: previous government shutdown. It achieved absolutely nothing but chaos and hurt a lot of people.

Trump literally said I'm not going to work with dems (requirement for anything to pass in the house) until investigations stop.
It basically puts the entire legislative government in a complete gridlock. Nothing is going to pass outside of basic, non-contentious budget bills.

These actions hurt American citizens. What do you think will happen to people with only DACA?


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