The fate of Obama’s program for DACA “dreamers” are set to be determined by the highest court of the land starting Tuesday.
Per Washington Examiner, the Supreme Court will hear oral arguments over this issue on Tuesday. When the Trump administration in 2017 announced that it was revoking the Obama-era DACA policy that gave those who were brought into the country illegally at a young age legal status, they cited the program’s arguable unconstitutionality as their justification. Critics and immigration activists challenged this revocation in court, arguing that the government was legally baseless in rescinding the program.
Now, the Supreme Court will decide this matter once and for all.
Fox News reports the long-running battle over the Trump administration’s bid to end the Obama-era program for young undocumented immigrants known as “Dreamers” will land before the Supreme Court on Tuesday. With a ruling expected in the midst of a presidential election year, the case puts the high court at the center of one of the most politically charged issues since the start of President Trump’s term.
For the administration and Dreamers alike, it all comes down to the Supreme Court, where Trump picks Brett Kavanaugh and Neil Gorsuch now sit. Federal appeals courts across the country have rejected efforts to phase out the Obama-era program known as Deferred Action for Childhood Arrivals, or DACA, but the administration has looked to the high court for support. Legal experts say look closely at Chief Justice John Roberts, who could be the tie-breaker in the case.
Per Vox, broadly speaking, there are three ways the Court could decide these cases.
First, it is possible that the Court could affirm the lower court decisions, handing a narrow victory to the Dreamers. This outcome is unlikely, given the Court’s Republican majority and the views expressed by several members of that majority in a similar 2016 case.
Second, the Court could hand Trump a narrow victory. It could say that the memos the Trump administration already produced regarding its decision to wind down DACA are adequate, and thus the administration can move forward without having to do any more work.
If the Court takes this second approach, Trump may even pick up a few votes from the Court’s Democratic minority. Liberal Justice Elena Kagan, in particular, has been quite open about her desire to mitigate the Court’s conservatism by pushing for narrow decisions.
Finally, the Court could hand a crushing defeat to DACA beneficiaries — holding that the DACA program is, itself, unlawful. In this last scenario, the Court would not just allow DACA to be wound down under Trump — it would forbid any future president from reviving it.
This article first appeared on TheConservativeOpinion.com