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Trump Has Right to End DACA, Justice Dept. Tells Supreme Court

Quote:

In the legal brief filed by the government on Monday, the Trump administration took issue with that assessment.

They noted that Kirstjen Nielsen, who was secretary of homeland security until April, provided the courts three separate reasons for why the department was no longer going to provide protection to the Dreamers.

The lawyers argued that the department properly was concerned that the program, which was similar to the one for the parents, would be found unconstitutional.

They also noted that “as a matter of policy, D.H.S. wanted to terminate a legally questionable nonenforcement policy and leave the creation of policies as significant as DACA to Congress.” That, they said in the brief, should be reason enough for the termination of the program to stand.

The government’s lawyers also rejected an argument made by the other side that Ms. Nielsen and Elaine Duke, the acting homeland security secretary who preceded Ms. Nielsen and officially terminated the program, were motivated by prejudice.

They said the “allegations are wholly insufficient to show that Secretaries Duke and Nielsen were motivated by racial animus in deciding to rescind a policy sanctioning the ongoing violation of federal immigration law by 700,000 aliens, especially given the serious questions about its legality.”

Lawyers for the groups seeking to keep DACA alive will file their briefs in the coming weeks.

https://www.nytimes.com/2019/08/19/u...aca-trump.html