If you listen to NBC News (and several other outlets), the President has hatched a diabolical new top-secret plan to eliminate DACA and boot all of those lovable “Dreamers” out of the country once and for all. This comes as something of a surprise since the only things keeping DACA afloat at the moment are a couple of court injunctions, and upcoming congressional action may make the entire question moot anyway. But be that as it may, let’s examine this scheme. Take it away, NBC.
In a motion filed late Friday, Justice Department lawyers asked a judge in Texas to rule that the program violates federal immigration law. Assuming, as expected, that the judge grants the request and orders the government to stop enforcing DACA, the ruling would conflict with orders from two other federal courts that require continued enforcement of the program.
If faced with competing court orders, the Justice Department said it would then rush to the U.S. Supreme Court and tell the justices that the government would be in violation no matter what it did — keeping DACA going would violate the Texas order, while trying to shut it down would violate the other court orders.
In that event, the government would ask the Supreme Court to put a hold on all the lower court rulings. And if the justices agreed, the Trump administration would be free to shut DACA down immediately, because nothing would be in effect to prevent the government from taking that action.
Read more at Hot Air.