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Home » Exercise Programs » How the Trump Administration Eroded Its Own Legal Case on DACA – The New York Times

A brief from an unusual coalition of challengers, including the N.A.A.C.P., Microsoft and Princeton University, acknowledged that the Trump administration was free to make a different policy judgment than its predecessor had. But the termination, the brief said, was not based on a discretionary policy judgment.

Instead, the brief said, it was grounded in a legal determination by the attorney general that DACA is unlawful.

That approach, the brief continued, allowed the administration to tell the public that it could not permissibly maintain DACA, and that Congress and the courts, rather than the president, thus bore responsibility for the terminations human consequences. The government must now live with the consequences of claiming that its hands were tied.

The Trump administration argued that the program was an unlawful exercise of authority by the executive branch, relying on a ruling from the United States Court of Appeals for the Fifth Circuit, in New Orleans, concerning a related program. The Supreme Court deadlocked, 4 to 4, in an appeal of that ruling. Judges in the DACA cases said the two programs differed in important ways, undermining the administrations legal analysis.

Brad Smith, the president of Microsoft, which employs more than 60 DACA recipients, said there were lawful ways to shut down the program.

Our brief acknowledges very explicitly, based on the issues that weve raised, that were not suggesting that there would be no basis for a rescission of DACA, he said, using the legal term for ending the program. But if there is going to be a rescission of DACA, it has to be done in the right way and it has to be done for sound reasons.

The administration, by contrast, has argued that its determination that DACA is unlawful could not be second-guessed by the courts. Last year, the United States Court of Appeals for the Ninth Circuit, in San Francisco, rejected that view.

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How the Trump Administration Eroded Its Own Legal Case on DACA - The New York Times

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Home » Exercise Programs » How the Trump Administration Eroded Its Own Legal Case on DACA – The New York Times