Author Topic: A Way Out for the Supreme Court on DACA  (Read 553 times)

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Online Elderberry

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A Way Out for the Supreme Court on DACA
« on: October 27, 2019, 11:31:10 pm »
NY Times By Benjamin Eidelson 10/27/2019

A narrow ruling would put the ball back in the president’s court and let the justices avoid politics.

In two weeks, the Supreme Court will consider President Trump’s decision to end the Deferred Action for Childhood Arrivals policy, better known as DACA. Many expect a sharply divided decision in the spring, just as the presidential campaign picks up steam. But a different path would better serve both the court and the country.

By resolving the case on narrow grounds, the justices could steer clear of the political fray and their own jurisprudential divisions. Such a ruling would leave DACA in place for now, but leave the policy’s ultimate fate to the political process — reaffirming the vital distinction between law and politics.

Adopted in 2012, the DACA policy applies to certain immigrants who were brought to the United States as children. The policy does not provide a pathway to citizenship, but shields them from deportation (that’s the “deferred action”). Meanwhile, other federal regulations have long extended work authorization and related benefits to certain noncitizens, including people who are granted deferred action. The idea behind those regulations is that if the government is going to acquiesce to someone’s presence here, that person should also be allowed to work on the books.