My View by Silvio Canto, Jr.: Do the ‘dreamers’ really want DACA back before the Supreme Court?

Another judge and another opinion about DACA:

U.S. District Judge Nicholas G. Garaufis in Brooklyn said he was fully restoring the eight-year-old Deferred Action for Childhood Arrivals, or DACA, program to the days before the Trump administration tried to end it in September 2017. He ordered the Department of Homeland Security to post a public notice by Monday to accept first-time applications and ensure that work permits are valid for two years.

So here we go again.

Over the weekend, I got a call from a Spanish media reporters asking for my opinion about "the opinion." I told him that there were several problems:

First, a U.S. District Judge can write an opinion but he has no authority to force the Trump Administration to do a thing.

Second, Texas Attorney General Ken Paxton, and others, asked a federal judge to declare DACA unlawful and provide for an orderly elimination. I believe that the case is up for review in early 2021.

Last, but not least, Justice John Roberts saved DACA a few months over the administrative process that the Trump Administration used to end it. The Court said nothing about the constitutionality of DACA. My guess is that this Supreme Court will not save DACA again, even if Roberts joins the other three liberals.

So let Congress deal with it. Pass a law and let's debate whether "dreamers" should be provided a path to legalization or citizenship. It's time for the Congress to have its say on this important matter. We've had too many judges writing opinions rather than legislators debating it on the floor of the Congress.

P.S. You can listen to my show (Canto Talk) and follow me on Twitter.

Monday, December 07, 2020

Do the ‘dreamers’ really want DACA back before the Supreme Court?