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Thread: U.S. Top Court Blocks Release of Trump 'Dreamer' Immigrant Documents

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  1. #1
    Administrator Jean's Avatar
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    U.S. Top Court Blocks Release of Trump 'Dreamer' Immigrant Documents

    Dec. 8, 2017, at 6:51 p.m.

    By Lawrence Hurley

    WASHINGTON (Reuters) - The U.S. Supreme Court on Friday granted a request by President Donald Trump's administration to block the release of documents concerning his decision to end a program that shielded from deportation hundreds of thousands of young adults dubbed "Dreamers" brought into the country illegally as children.

    The nine-member, conservative-majority court, acting despite objections from its four liberal justices, put on hold an order by U.S. District Judge William Alsup in San Francisco for the administration to turn over the internal documents by Dec. 22 as part of lawsuits he is overseeing challenging the legality of Trump's September decision. One of the suits is led by California's Democratic attorney general, Xavier Becerra.

    The lawsuits accuse the administration of violating the U.S. Constitution's due process guarantee as well as statutory legal requirements in rescinding the Deferred Action for Childhood Arrivals (DACA) program created by Trump's Democratic predecessor Barack Obama. Under Trump's action, the protections offered by DACA disappear in March.

    The Supreme Court action will remain in effect until it decides whether to permanently block Alsup's order. It gave the challengers until next week to respond.

    Justice Department spokesman Devin O'Malley said the department "is pleased with the Supreme Court's decision today putting on hold the district court's overreach. The Department of Homeland Security acted within its lawful authority in deciding to wind down DACA in an orderly manner, and the Justice Department believes the courts will ultimately agree."

    Justice Stephen Breyer, joined by the three other liberal justices, wrote in a dissent that the action by the court's conservative majority will disrupt the progress of the DACA litigation. Breyer wrote that "judicial review cannot function if the agency is permitted to decide unilaterally what documents it submits to the reviewing court as the administrative record."

    Since its inception, the DACA program has provided protection from deportation and work permits to about 800,000 mostly Hispanic young adults brought into the United States illegally by their parents. At the time Trump announced the rescinding of the program, about 690,000 people were protected under DACA.

    Trump scrapped the program as part of his hard-line immigration policies, calling DACA an unconstitutional overreach by Obama. Trump gave Congress until March to come up with new protections for the Dreamers.

    Dreamers are a fraction of the roughly 11 million illegal immigrants in the United States.

    A federal appeals court had upheld Alsup's order that an expansive trove of documents be handed over, prompting the administration to turn to the Supreme Court.

    Blocking the document release could hinder the lower court's ability to rule on the case before the program expires, according to the plaintiffs.

    Obama and his fellow Democrats have defended the program as one that protects young people who grew up and were educated in the United States and are Americans in every way but actual citizenship.

    https://www.usnews.com/news/us/artic...rant-documents
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  2. #2
    Super Moderator Newmexican's Avatar
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    New Supreme Court Ruling A Boon To Trump’s Bid To Defend DACA Cancellation



    KEVIN DALEY
    Supreme Court Reporter

    A closely divided Supreme Court allowed President Donald Trump to shield documents relating to the cancellation of DACA, an Obama-era amnesty initiative that extended temporary legal status to foreign nationals who illegally entered the country as children.

    The Court divided five to four along ideological lines in a late Friday ruling that temporarily permits the administration to conceal records relating to the program. Justice Stephen Breyer dissented from the decision, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan.

    The ruling is likely a boon to Trump’s efforts to defend DACA’s termination.

    “The Department of Justice is pleased with the Supreme Court’s decision today putting on hold the district court’s overreach,” DOJ spokesman Devin O’Malley said. “The Department of Homeland Security acted within its lawful authority in deciding to wind down DACA in an orderly manner, and the Justice Department believes the courts will ultimately agree.”

    The case was occasioned when a coalition of four states sued the administration over its September decision to end DACA, which has benefited some 800,000 individuals.

    Former Department of Homeland Security Secretary Janet Napolitano, now president of the University of California system, also joined with the plaintiffs.

    In response to the lawsuit, the administration furnished nearly 250 pages of documents relating to the program’s termination. Plaintiffs, suspecting that the government was hiding DACA records, argued that the administration would have produced a greater body of work before cancelling such a sprawling, consequential program. U.S. District Judge William Alsup agreed, and ordered the Department of Homeland Security to release more documents. A divided panel of the9th U.S. Circuit Court of Appeals affirmed Alsup’s ruling, prompting an appeal to the Supreme Court.

    In an extraordinary move, Alsup filed his own brief at the high court, arguing Solicitor General Noel Francisco, the government’s Supreme Court lawyer, misrepresented the scope of his order. The Daily Caller News Foundation was unable to determine when a trial court judge had last filed a brief in the Supreme Court concerning their own ruling.

    The Court nonetheless sided with the administration, but did not explain its reasons for doing so.

    In dissent, Breyer argued that courts cannot effectively supervise federal agency action without reviewing all relevant materials.

    “[J]udicial review cannot function if the agency is permitted to decide unilaterally what documents it submits to the reviewing court as the administrative record,” Breyer wrote. “Effective review depends upon the administrative record containing all relevant materials presented to the agency, including not only materials supportive of the government’s decision but also materials contrary to the government’s decision.”

    Breyer also noted it is highly unusual for the Court to rule on a matter involving discovery or document production.

    The case will now return to federal court in San Francisco for further proceedings.


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