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The Supreme Court Continued: Can the Trump Administration End the DACA Program?

The Supreme Court Continued: Can the Trump Administration End the DACA Program?

In the last newsletter I wrote that the Supreme Court had begun hearing oral arguments Oct. 7 for the 2019-2020 term, in part confronting big employment law issues starting in the first week of oral arguments.

The high court will also review three consolidated cases on the federal government's Deferred Action for Childhood Arrivals (DACA) program, which allows some undocumented immigrants who came to the United States as children to temporarily work and avoid deportation.

President Barack Obama's administration launched the DACA program in 2012. However, under President Donald Trump in 2017, the Department of Homeland Security (DHS) announced it would rescind the program.

Since then, several federal appellate courts blocked the government from rescinding DACA. The courts found that Obama had the right to create the program by executive action and that Trump's decision to eliminate it was likely "arbitrary, capricious or otherwise not in accordance with law." The federal government has asked the Supreme Court to decide if the courts can review the DHS's decision to wind down the DACA program and if it's legal for the DHS to end DACA. Oral argument was set for Nov. 12.

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