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What do #Texas drivers licenses & @thebeatles John Lennon have to do with the #DACA case before @Scotus? In 2012 Obama approved the DACA regulation giving 'deferred action' to certain young immigrants who came here illegally as children, so they could work & wouldn't be deported
In 2015, Obama tried to extend that to the parents of American children in what it called DAPA, but Texas' then AG @GregAbbott_TX sued to stop. The state argued it incurred damage in the cost of having to give driver's licenses to all these immigrants.
houstonchronicle.com/news/houston-t…
The Obama admin argued it was simply using decades of govnt authority to decide who to deport -- a concept called deferred action that was first publicized when it was used to save John Lennon from deportation because he'd had weed in London. (US was mad)
houstonchronicle.com/news/houston-t…
Interestingly, Texas never in 2015 contended that DACA was illegal, only DAPA & expanded DACA, though it was based on the same legal premise. Scalia had just died, so @scotus was down 1 & tied 4-4 on DAPA's legality, keeping in place a lower court ruling.
chron.com/news/houston-t…
It was heartbreaking for many mixed-status families like the Sosas, who had been here for decades and hoped DAPA could help their parents: houstonchronicle.com/news/houston-t…
houstonchronicle.com/news/houston-t…
Then Trump took office, not seeming quite sure what to do with DACA recipients or Dreamers, who have wide bipartisan support. He vacillated widely and they quickly became pawns in immigration crackdowns/reform/budget deals: houstonchronicle.com/news/houston-t…
In 2017, days after Harvey, Trump ended DACA, saying he was forced to do it even though he supported Dreamers because the program was unlawful & Texas' @KenPaxtonTX had threatened to sue.
chron.com/news/houston-t…
In 2018, @KenPaxtonTX did sue, before the same judge that had originally declared Obama's parent program DAPA likely unlawful & stopped it. (For all Trump's complaints about @ACLU and the 9th Circuit blocking his immigration moves, Republicans are guilty of judge shopping too.)
But surprisingly in 2018 that conservative judge ruled DACA should not be immediately stopped, saying it differed from Obama's DAPA program. The 'egg has been scrambled. To try put it back in the shell .. at great risk to many, does not make sense nor serve the best interests'
Courts across the country kept #DACA alive and @scotus seemed reluctant to take it up, passing multiple times as Dreamers kept living in limbo.
houstonchronicle.com/news/houston-t…
Tuesday @scotus will consider if it can review Trump's decision to end DACA & if he did so lawfully. It generally has ruled the president has wide authority on immigration but this one might be different in how he ended DACA & how long it had been in place
houstonchronicle.com/news/houston-t…
At stake: the lives of 700K immigrant youth, the limits of presidential power, and a potential test on Chief Justice John Roberts, who has lamented the politicization of the courts.
houstonchronicle.com/news/houston-t…
Follow @BenjaminEW who will be updating us on @Scotus arguments for #daca today.
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