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SCOTUS Makes Crucial DACA Decision

by Countable | 2.26.18

What’s the story?

By declining to hear a case about the fate of DACA prior to the case working its way through the federal appeals court, the U.S. Supreme Court essentially decided that DACA can continue for the time being. The program was supposed to end as of March 5, but that date is now meaningless.

The case currently in front of the appeals court was brought by four states -- California, Maine, Maryland, and Minnesota, and University of California President Janet Napolitano, who was Homeland Security head when DACA was put in place.

What was the SCOTUS ruling exactly?

  • While the appeals case is in progress the administration must continue to accept renewal applications. Renewals last two years.

  • The administration does not have to accept new applications.

  • The administration does not have to allow a DACA recipient who leaves the country to re-enter.

  • The administration still retains power to decide individual cases based on national security and public safety concerns.

  • The administration did not request that the Supreme Court lift the injunction preventing the program concluding while the case proceeds through the appeals court.

What happens now?

  • The case has been fast-tracked through the federal appeals court of the Ninth Circuit, though it is still in early stages. It could take at least a year to conclude and potentially make its way back to the Supreme Court.

  • Congress now has more time to come to a long-term, legislative solution. They likely won’t before the midterm elections, allowing lawmakers on both sides of the aisle to avoid controversial votes that could endanger their re-election.

  • If Congress passes immigration legislation which includes a DACA remedy and the president signs it before the case is concluded it would be dismissed.

What do you think?

Do you support the SCOTUS decision not the leapfrog over the federal appeals court and hear the case? Are you hoping for a legislative answer before midterms? What do you hope immigration legislation will entail?

Tell us in the comments what you think, then use the Take Action button to tell your reps!

— Asha Sanaker

(Photo Credit: Wikipedia / Creative Commons)

Countable

Written by Countable

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(102)
  • Robert
    02/26/2018
    ···

    At least one branch of the government is still functioning with common sense.With only one of the three branches functioning properly the rest falls on the voter to correct.

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  • OlderNWiser
    02/26/2018
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    This is torture for the Dreamers and their families to drag this out so that they live in endless anxiety and disruption. We need to give them sanctuary and peace yesterday, not to deny their right to travel. Who else does that? Dictatorships.

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  • Azrael
    02/26/2018
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    So far the only employees doing their jobs properly in this admin are the courts I’ve never been so disgusted by an administration and I’m old enough to remember Nixon

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  • Theo
    02/26/2018
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    This is good news for judicial process. I feel bad for the DACA recipients as they have to continue to wait for a final resolution. I’m sure the Trump Administration will continue to do all that they can to discourage new applicants and slow down renewals. Which is why we have to make our perspectives known and be the voice of the voiceless.

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  • Yajaira
    02/26/2018
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    WTF is @Susan talking about?! I was here illegally for a long time because of my parents, and my brother is currently a DACA recipient. I am now a citizen and a successful member of my community, even as a legal resident (meaning I had a green card) I still couldn’t even get financial aid for college... so please, before you sound like an ignorant, racist prick go ask google what type of benefits illegal immigrants qualify for and you’ll soon find out that even a LEGAL PERMANENT RESIDENTS we are not qualified for SNAP, non-emergency Medicaid, SSI, FAFSA or TANF... uneducated trumptard... 🙄

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  • Susan
    02/26/2018
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    breaking the laws of our country doesn't entitle illegal aliens to anything this country has to offer including staying here in this country. My grandparents waited their turn to come to this country legally. So should everyone else. Jumping over someone else's fence illegally doesn't entitle me to set up house in their backyard and expect them to feed me ,clothe me, pay all of my expenses, give me healthcare and provide my children with free college

    Like (38)
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  • Yajaira
    02/26/2018
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    PROTECT DREAMers!! I’ll be watching your vote! As a voting constituent, I need my representatives to pass fair immigration laws! I am not opposed to better border security but I also embrace the diversity in this country and love that everyone is a little bit of everything. Keep the VISA lottery, and allow family members to petition family members! If they are financially able to bring more family that means they’re financially stable enough to be an asset, not a burden to this country!!

    Like (36)
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  • Chris
    02/26/2018
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    This is what congress wants. They do not want to be held liable for making a decision. Obama never should have made the executive order, and trump tried to force congress to make a decision by ending that order. Now we still have a congress that is failing to act. You should be able to see now that both sides were really playing for this, which is why they pushed the DACA debate further down the road and never came to an agreement.

    Like (19)
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  • Justin
    02/26/2018
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    DACA was a forced bullshit thing anyways. As much as I don’t want children to suffer, it’s also their parents fault for putting their families in this position. There’s thousands upon thousands of people who come here legally all the time and have to sit and watch as waves of illegals come here and get everything they need to get started. DACA should have never been forced on the American people, because now that more people are open about their views on it, the left and all the look aid drinkers support the left are trying to guilt the rest of us that we should be okay with this and if we’re not “we’re racist bigots blah blah blah”. If you’re not from here and want to be, then do it the right way like thousands before you have! You’re not entitled to any benefit America has to offer, if you’re illegally entering. You have ZERO RIGHTS until you enter legally!

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  • Xavier
    02/26/2018
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    2 years gives time to send those intransigeant Republican haters in both house packing when the people speak this fall, and best of all, lock up the Trump traitors!

    Like (16)
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  • Fannie
    02/26/2018
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    Please support permanence for DACA recipients and create a law prior to the case going to court again.

    Like (15)
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  • Drew
    02/26/2018
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    Trump has given them a path and the only people holding it up and keeping them in limbo are the democrats who are stuck on resisting anything and everything Trump. Great leaders make the hard decisions. It’s a compromise and that seem to be an impossible solution with a left liberal party who couldn’t care less about their supporters or DACA, they only care about their own positions of power. Trump is leading and Williams no to compromise. Shame on the leaders of the DNC for making this another means to divide this great country. DACA is here, illegally started and left for Trump to clean up. Make your reps vote yes for immigration reform, the wall and for those precious DACA members. Ha! About 6% are working, schooling or in our military. Tue rest are on financial support paid for by you and me, by our tax $. It’s bullshit. I’d rather my money go to poor Americans or our ex military. Not a bunch of people who came here illegally and show zero gratitude for the gift of being allowed to stay.

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  • Michael
    02/26/2018
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    Just give them citizenship. I’m pretty sure my great great grandfather didn’t go through this when he arrived from Norway around the civil war.

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  • Christine
    02/26/2018
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    Sometimes something happens that restores your faith that the system works no matter how some try to pervert it. 👏👍🌞

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  • Chris
    02/26/2018
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    Take Trumps proposal

    Like (9)
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  • Dana
    02/26/2018
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    DACA needs to come to a conclusion. DACA recipients, if they have a job or go to school and are law abiding, need a pathway to citizenship not amnesty. I have done a lot of thinking about this and I can’t imagine if I was in that situation and possibly being deported to a country that I don’t know. We need a a wall, more security at the border, end of visa lottery and end of chain migration. The families that broke our laws and brought their kids across border have no right to be here. They can apply for citizenship and get in line l behind those that have already applied. American citizens that break the law have to pay by fines, probation or jail. Families are broken up this way so there is not an argument for the families of DACA given automatic citizenship. Their families broke our laws.

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  • DrRichSwier
    02/26/2018
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    The Supreme Court has simply delayed hearing this case immediately. Rather they want it to work its way through the court system before putting it on its docket. There’s much fake news saying that this is a blow to President Trump. It is not.

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  • Catherine
    02/26/2018
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    We who support the DACA can only hope that this will be resolved quickly and ethically. These young people gave their information to the government in good faith! Let these people stay and have a path to citizenship open for them!

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  • Tim
    02/26/2018
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    Perhaps our nation can redeem itself from the precedent it set in 1939 with the MS St. Louis debacle. Those folks were put to death in concentration camps. Otherwise- look out- the lessons of history will be ignored again and a lot of suffering will ensue for some.

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  • Adina
    02/26/2018
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    DACA recipients did nothing illegal, their parents did, and we don’t hold the descendants of slaveowners responsible for their relative’s actions so we should treat DACA recipients EQUALLY!!🙄

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