Friday, November 1, 2019

Erwin Chemerinsky: The stakes are enormous for immigrants in upcoming DACA cases

Berkeley Law Dean Erwin Chemerinsky previews the upcoming November 12 argument in the Deferred Action for Childhood cases in the Supreme Court for the ABA Journal.  "The cases—Department of Homeland Security v. Regents of the University of California, McAleenan v. Vidal (previously Batalla Vidal v. Nielsen) and Trump v. NAACP—likely will determine the fate and future of about 800,000 “Dreamers,” young men and women who were brought to the United States at an early age."  Chemerinsky concludes:

"The stakes are enormous. Most importantly, the case will determine whether about 800,000 people have to fear deportation. Often, this would be to countries where they lived for only a brief time. Even if they’re not deported and whether DACA is repealed, they will lose work permits and other benefits that come with DACA status.

The case also will be important for administrative law and how the court will treat the requirement for a legitimate reason for an agency action. And underlying it all is the scope of Trump’s powers with regard to immigration."


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The older people affected by the DAPA executive order are quite different from those younger people affected by the DACA executive order.

Just as the criminal justice system treats adults differently than juveniles, so too should the immigration justice system be allowed to treat adults (DAPA) differently from juveniles (DACA).

Adults can be reasonably expected to face consequences for their actions, but it is a merciless society indeed that will force extreme consequences on respectable juveniles for actions that they did not initiate and carry out.

Posted by: Ehtisham | Nov 10, 2019 8:03:42 AM

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