Immigration Law

Expert: Texas DACA Challenge Could Trigger Supreme Court Review

Laurel Brubaker Calkins, Bloomberg, May 2, 2018 - "Texas’s legal bid to end the Obama-era policy that protects 700,000 undocumented young immigrants brought to the U.S. illegally as children, known as Dreamers, may set the stage for the Trump administration to take the issue back to the Supreme Court, which has so far refused to review the policy. ... If U.S. District Judge Andrew Hanen of Brownsville, Texas, decides the challenge filed Tuesday by Texas and six other Republican-led states in the states’ favor, he could direct the administration to end the program. Such an order would subject Trump to conflicting instructions regarding the same program, substantially increasing odds the high court will choose to step in to referee the dispute between federal judges, said Stephen Yale-Loehr, a Cornell University law professor. “If this judge issues an injunction in Texas’s favor, that definitely gives Trump political cover to say his hands are tied, that he’d like to be compassionate, but a judge made him end DACA,” Yale-Loehr, who has written a 21-volume treatise on immigration law, said in a phone interview. “Then the Justice Department can go back to the Supreme Court and ask them to take up the case now” rather than wait until the other judges’ decisions wind their way up through appellate courts, he said. Trump already tried in February to get the Supreme Court to review one of the DACA-preserving rulings, Yale-Loehr said, “but he got shot down.” "