Originally Posted by libertarian1776

Congress and the White House spent much of this week trying to fix the problem President Donald Trump created in September when he abruptly canceled Deferred Action for Childhood Arrivals, an Obama-era program that provides renewable two-year deportation protections and work permits to undocumented immigrants who entered the U.S. as youths.

But even if Congress and the White House fail to hash out a deal to protect Dreamers, as the young immigrants are known, DACA could remain in effect through 2020, and possibly into a new administration.

DACA could outlast Trump because Dreamers and their advocates aren’t solely relying on Congress to help them. They’re also fighting Trump’s move in the courts, where they won a key victory Tuesday night: a national injunction blocking Trump from phasing out DACA.

The injunction could make it much harder than the White House thought to make DACA go away. And although U.S. District Judge William Alsup’s ruling doesn’t allow new DACA applications, it lets people who hold the protections keep renewing them past the March 5 deadline set by the Trump administration. If litigation drags on for several months, as it likely will, DACA might remain in effect through 2020, and possibly into a new administration.

The 9th U.S. Circuit Court of Appeals or the Supreme Court could invalidate the injunction. But Attorney General Jeff Sessions, who plans to appeal the district court’s decision, will face an uphill battle trying to convince the appeals court that the U.S. government needs to start canceling DACA work authorizations before the courts decide the lawsuits, according to Stephen Legomsky, the former chief counsel for U.S. Citizenship and Immigration Services. The program has hummed along for five years without any legal challenge.

“There’s no irreparable harm and there’s no urgency,” Legomsky told HuffPost. “The administration is going to be hard-pressed to come up with a reason to stay the injunction during the long period of time this case will be pending … If Congress does not enact a Dream Act, I think it’s possible that people could renew DACA into the next administration.”

Those cases ― brought by a DACA recipient, and a coalition of 15 Democratic-led states and the District of Columbia ― make many of the same allegations found in the California lawsuit. The Trump administration violated the Administrative Procedure Act by failing to seek public comment or provide enough notice when it canceled DACA, the lawsuits say. And they accuse Trump of acting with the goal of discriminating against Mexicans ― “racial animus,” in legalese ― which would violate DACA recipients’ constitutional right to equal protection before the law.

https://www.huffingtonpost.com/entry...ushpmg00000313

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