Outcome #1 - Allow DACA to Remain in Place
The Obama Administration stated that because the Federal Government only had enough funding to deport 400,000 of the millions of undocumented immigrants present in the U.S., it would exercise "prosecutorial discretion" and focus on deporting criminals and frequent border crossers. It established the DACA program to allow certain persons who had been brought to the U.S. by their parents at a young age to get work and travel permits.
Back in 1985, the Supreme Court held that "An agency's decision not to prosecute or enforce is a decision generally committed to an agency's absolute discretion."
The Trump Administration argues that if the Executive Branch has the sole authority to decide whether or not to exercise prosecutorial discretion, the Courts lack the jurisdiction to force them to continue the DACA program.
The other side maintains that even though the Courts cannot intervene in policy decisions made by the Executive Branch, the Courts maintain the authority to rule on the legality of Executive actions. In the 2017 Memorandum ending the DACA program, DHS held that DACA was "unconstitutional". Thus, since DHS made a legal determination, it is within the authority of the Federal Courts to decide whether this decision is legally correct.
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