The Justice Department submitted a legal brief to the Supreme Court Monday that stated President Trump acted lawfully when he decided to end the Obama-era immigration program known as DACA in September of 2017, according to a new report.
The
Department of Homeland Security, “correctly, and at a minimum
reasonably, concluded that DACA is unlawful,” Justice Department lawyers
wrote in a brief submitted to the Supreme Court late Monday.
The
Supreme Court will begin to hear arguments in November. A ruling is
expected in the presidential election year, putting the high court at
the center of one of the most politically charged issues of debates. A
decision in favor of Trump would allow for the president to deport more
than one million young adults residing in the U.S. under DACA
protection, the New York Times reported.
Deferred Action for
Childhood Arrivals, or DACA, was created under an executive order in
2012. The program gives some illegal immigrants -- known as "Dreamers"
-- who were brought to the United States as children-- the opportunity
to receive a renewable two-year reprieve from deportation and become
eligible for a work permit.
In 2017, the Trump administration
announced its plan to phase out the program, but federal courts have
ruled that the phase-out could not apply retroactively and that the
program should be restarted.
The White House fought back on those
decisions, saying the president has broad authority over immigration
enforcement policy. Federal appeals courts around the country have
rejected efforts by the federal government to move ahead with phasing
out the Obama-era program.
DACA proponents have also argued that
Trump’s planned termination of the program violates federal law
requiring adequate notice-and-comment periods before certain federal
rules are changed, as well as other constitutional equal protection and
due process guarantees.
A decision from the Supreme Court to end
DACA could galvanize young Americans to ensure Trump does not see
another four years in the White House, the Times report
stated. On the other hand, if the Court chooses to continue the
Obama-era program, conservatives could argue Trump needs another four
years to fulfill his campaign promises on immigration. Fox News’ Shannon Bream and Bill Mears contributed to this report.
The Trump administration issued new policy guidance on
Monday tightening the rules for awarding discretionary work permits to
immigrants who have been temporarily allowed into the United States
for "urgent humanitarian reasons or significant public benefit" under
the Immigration and Nationality Act.
The move came a week after the White House issued a long-awaited rule strengthening the ability of federal officials to deny green cards to immigrants deemed likely to rely on government aid.
Section 212(d)(5)(A) of
the Immigration and Nationality Act affords the Department of Homeland
Security the discretion to decide when to afford aliens entry under "extraordinary" circumstances,
such as to visit a dying relative or obtain life-saving medical
treatment. The one-time entry is a privilege, not a right — and the
administration's guidance made clear that officials were wary it was
being abused.
U.S. Citizenship and Immigration Services (USCIS)
said the new guidance emphasizes "the use of discretion when determining
whether to grant employment authorization for foreign nationals paroled
into the United States in keeping with existing policies."
Migrants return to Mexico using the Puerta Mexico bridge that
crosses the Rio Grande river in Matamoros, Mexico, July 31, 2019, on the
border with Brownsville, Texas. (AP Photo/Emilio Espejel)
The bulletin also "provides a list of positive and
negative factors that an officer may consider when balancing the
totality of the circumstances and determining whether an applicant
warrants a favorable exercise of discretion," according to USCIS.
“USCIS
has determined that it is necessary to issue this guidance at this time
because there is a national emergency at the U.S. southern border where
foreign nationals are entering the U.S. illegally," the agency said in a
statement.
The White House has touted its tough immigration
policies as the cause for a recent decline in immigrant detentions at
the border. The number of migrants encountered by U.S. authorities at
the border with Mexico dropped below 100,000 for the first time in five
months amid increased collaboration by Mexico and Guatemala to crack
down on the flow of humanity, according to government data released
earlier this month.
U.S. Customs and Border Protection
encountered 82,049 people in July, down 21 percent from June when there
were 104,344 people and down 43 percent from May. The number of families
and minors crossing the border also dropped.
Although seasonal declines are common, U.S. officials said the drop was far greater than last year's in the same timeframe.
To avoid punishing tariffs threatened by the Trump administration, Mexico agreed in June to dramatically expand its
border enforcement efforts. The country has employed a variety of tools
— including a giant X-ray and Mexican National Guard troops — to
uphold its end of the bargain and catch hundreds of migrants.
The U.S. has also escalated its domestic enforcement efforts. An operation carried out by Immigration and Customs Enforcement earlier this month resulted in the detention of 680 illegal immigrants. Agents targeted a food processing plant in Mississippi and swarmed the facility with federal search warrants in hand.
"The
execution of federal search warrants today was simply about enforcing
the rule of law in our state and throughout our great country," U.S.
Attorney Mike Hurst said in a statement at the time.
"I commend
these federal agents, our state and local law enforcement partners, and
our federal prosecutors for their professionalism and dedication to
ensure that those who violate our laws are held accountable."
2020 presidential hopeful Sen. Kamala Harris, D-Calif., called the move a part of a "campaign of terror."
Acting
Homeland Security Secretary Kevin McAleenan emphasized last week that,
despite the successes, the situation remains an emergency.
“The
situation is improving by every available metric, but, and I want to be
very clear about this, we remain at and beyond crisis levels,” McAleenan
said. Fox News' Matt Leach and Nick Givas contributed to this report.
Liberal CNN
commentator Angela Rye had a fiery exchange with a
Republican strategist during a panel discussion Monday night, telling
him that "white men who think like you" are the "greatest terrorist threat in this country."
The conversation began when GOP campaign veteran Patrick Griffin argued that President Trump should "play the lottery" since Reps. Rashida Tlaib, D-Mich., and Ilhan Omar, D-Minn., brought new attention to their relationship with Isreal.
However, Rye appeared to take offense after Griffin claimed that the "Squad" has "hijacked" the Democratic Party from House Speaker Nancy Pelosi, D-Calif.
“It’s
so interesting that you use the term — the only two Muslim women in
Congress, the term you chose to use, sir, is ‘hijacking,'” Rye said.
"It
has nothing to do with whether they're Muslim or not," Griffin
responded. "Nothing to do with that... They've hijacked from their own
principles."
“That’s a real interesting word choice, and you
understand why,” Rye talked over the panelist. “You can talk over me all
you want to but the bottom line is the greatest terrorist threat in
this country is white men, white men who think like you. That is the
greatest terrorist threat in this country.”
Griffin dismissed her remarks as "silly rhetoric."
"No,
it's not!" Rye shot back. "You know what's silly? The fact that you're
on here knowing how dangerous times are right now defending this
nonsense."
Fox News' Laura Ingraham took on members of the Democratic Party for what she said was "rooting against America" and disparaging supporters of President Trump, and said the left is largely "furious" they may lose the 2020 election to the New York Republican.
"Rooting
against America, referring to millions of voters as 'deplorables' or
'racists' or bigot-coddlers is not the language of a confident
optimistic party," she said Monday on "The Ingraham Angle."
"It is the language of people who are furious that they could lose another presidential election," she said.
Ingraham said Democrats were hoping former Special Counsel Robert Mueller would be a key figure in their attempts to damage the president, as the Russia investigation concluded.
"Trump's
reckoning -- they were confident -- would be delivered by the highly
respected prosecutor Bob Mueller. In other words, the 2020 election
would be a 'gimme' for any Democrat," she said.
More recently, Democrats have lodged racism claims against the president, she said.
"The
crestfallen Dems decided to go all-in on the race issue. "The Angle"
told you this would happen. Using bogus charges of racism, the left has a
goal of blunting any momentum the president may have with minority
voters in 2020."
"The president condemned white nationalists in Charlottesville and El Paso," she added. However, she pointed to three 2020 Democratic hopefuls who have invoked the race issue.
When a CNN anchor asked former Rep. Beto O'Rourke, D-Texas, whether the president is a "white nationalist," the ex-lawmaker answered in the affirmative.
In another interview, Washington Gov. Jay Inslee declared it is "time to get white nationalism out of the White House."
In Ingraham's third example, South Bend, Ind. Mayor Pete Buttigieg was asked whether it is a "racist act" to vote for Trump in 2020.
The 37-year-old responded that "at best, it means looking the other way on racism."
Summing
up the clips, Ingraham said some of the commentaries from the left
shows Trump supporters are becoming occasional subjects of ridicule.
"The
new Democratic playbook requires the relentless demonization of
American history, including the founders, and now the American people
themselves -- at least the ones who support Trump."