This Issue: Supreme Court seems tilted against DACA, but ruling won't come until middle of 2020 Presidential campaign
Fri,
Nov 15th
DACA finally had its day before the Supreme Court as justices heard oral arguments this week over whether Pres. Trump has the authority to terminate what the Administration (and NumbersUSA) argues was an unconstitutional executive amnesty ordered by former Pres. Obama.
Most court observers predict that the Supreme Court will rule in favor of Pres. Trump, allowing the administration to wind down the program. But that ruling won't come until June -- just a few months before the next presidential election.
During the 2016 campaign, then-candidate Trump said that ending the DACA amnesty would be one of his first actions if elected. It took nine months to announce an end to the program, and the decision was immediately halted by the lower courts.
Experts believe that SCOTUS will rule only on whether the Trump administration has the authority to end DACA and not on the merits of DACA. That would force the president to decide whether to end the program during an election year, which would please his base but risk angering some swing voters, or allow the program to continue at the risk of angering his base.
It appeared on Tuesday, however, that Pres. Trump has already made a decision and wants to pass legislation that would make the DACA amnesty permanent.
Many of the people in DACA, no longer very young, are far from "angels." Some are very tough, hardened criminals. President Obama said he had no legal right to sign order, but would anyway. If Supreme Court remedies with overturn, a deal will be made with Dems for them to stay!-- @realDonaldTrump
In the GOP controlled Senate, 23 seats held by Republicans are up for grabs in 2020, including Senate Majority Leader Mitch McConnell's, so securing enough votes for amnesty legislation during an election year is no easy task. At least 13 of the 53 Republicans would have to vote for the amnesty for it to get past a Senate filibuster. Congressional Democratic Leaders are arguing that any amnesty must be far larger than DACA recipients.
KUSHNER BILL COULD PROVIDE VEHICLE FOR AMNESTY
Pres. Trump's son-in-law, Jared Kushner, is working on legislation that would replace the current green card system with a merit-based system, but keep annual legal immigration numbers above 1 million per year.
It's possible that the White House would combine that proposal with a permanent amnesty for DACA recipients.
The threat of an amnesty bill passing before next fall is very real, but so is our grassroots' ability to stop it. We'll continue to monitor the situation and provide updates and opportunities for action as they come in.
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Chris Chmielenski NumbersUSA Deputy Director |
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