DREAM Act Portal Forum - The End of DACA Is the Next Big Immigration Fight

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The End of DACA Is the Next Big Immigration Fight

Quote:

If and when Hanen strikes down DACA and orders a nationwide injunction against it, the Trump administration will be whipsawed between competing court orders. Some courts are ordering it to keep DACA going, and Hanen would be ordering the opposite.

In the face of contradictory orders, the administration would seek expedited review by courts of appeals. If those didn’t create uniformity immediately — and that is the most likely outcome — then it would turn to the Supreme Court. After all, the high court’s job is to ensure some modicum of legal uniformity across the country.

All that could happen within days or even hours of a ruling and injunction by Hanen. And Hanen could perfectly well rule at any time. He’s already thought through the constitutional issues in issuing his DAPA opinion.

Nevertheless, Hanen can use his discretion to choose when he wants to issue a decision and an injunction. And he has a pragmatic reason to take his time.
That’s because the Supreme Court is evenly split again, as it was when it voted on the 5th Circuit decision upholding Hanen’s DAPA ruling.

If the current Supreme Court had to consider dueling nationwide injunctions, it could face a serious crisis if i again divided 4-4. A split court can only uphold the decision on appeal before it. If a 5th Circuit decision upholding a Hanen opinion remained in place, it would put the Trump administration into a legally untenable situation.

Of course, moderates like Chief Justice John Roberts and Justices Stephen Breyer and Elena Kagan could hammer out a temporary compromise. But such a compromise would almost certainly have to include keeping DACA in place.

So it makes sense for Hanen to wait until Kavanaugh is confirmed, and then issue his ruling.

If that’s what happens, Kavanaugh may have to swing into action pretty darn fast. He would face his first controversial, emergency vote in a high-profile case where his vote would be decisive.

It won’t be his last.

https://www.bloomberg.com/view/artic...-court-quickly