“so DACA is Dead March 5 ?”
“That would probably be why they refused to hear it. It’s pretty much moot.”
The lower (District) level court ruled that Trump could NOT end DACA that quickly. The reasoning it had (with which I do NOT agree) was that even if the policy was unconstitutional, the fact that it had been implemented (under Obama) means that to get rid of it you have to go through certain procedures involving notice, etc.
The Trump Administration asked the Supreme Court to jump in ahead of the middle (Circuit - 9th Circus, in this case) level court, and to make a decision NOW. The 4 US Supreme Court Justices decided not to jump in ahead...thus meaning that the 9th Circus gets to decide, in its own time, whether the District Court was correct. If the 9th Circus decides against Trump, then it will be appealed to the Supremes...and I am VERY certain that they will take it. IOW, this decision is a procedural one - they did NOT rule on the merits of the case.
However, since the USSC will not take on the case right now, and it’ll take a while for the 9th Circus to get around to taking it and making a ruling (probably a year or so), the policy (DACA) will stay in place.
What I’d like to see is Trump ordering deportations ANYWAY - then let there be another case...which will take time to be decided, during which time there will be thousands of deportations. What’s the California District Court going to do, send an army to stop Trump? There’s no penalty, and no law-breaking, in the act of defying an order that backs an unconstitutional policy.
So Trump’s fastest recourse may simply be to go through the procedural steps... provide notice, etc.... to formally allow DACA to expire? I would have thought that since everybody knows the March 5 date that this would have been sufficient notice in and of itself.
If DACA had an expiration date, that in and of itself is “notification”. My drivers license has an expiration date. On that date it is no longer valid. Nothing needs to be done to ensure it is no longer in effect.
But I’m operating on the assumption that DACA had an expiration date. Maybe it didn’t.
You posted:
“What I’d like to see is Trump ordering deportations ANYWAY - then let there be another case...which will take time to be decided, during which time there will be thousands of deportations. What’s the California District Court going to do, send an army to stop Trump?”
Trump’s goal was not to deport those who signed up under DACA. He wants to fix an entire broken, politicized system, he doesn’t ever WANT to deport a bunch of DACA registrants - if they’re compliant with DACA rules.
DOJ priority under Trump is to go after those here illegally who are NOT DACA registrants. Starting with gang members, drug dealers, other types of criminals, etc. Bad hombres. IF they’re DACA registrants and they run afoul of our system, that’s different. They made promises under DACA when they signed.
Matter of fact, deportations are going on even as we speak - in accelerated numbers - and will continue.
Those under DACA who are obviously Americanized and have no country other than this one and came here because of adults, are the last illegal entrants Trump ever WANTS to deport, so he won’t go after them even while these absurd courts drag this out...
Matter of fact, deportations are going on even as we speak - in accelerated numbers - and will continue.