“Roberts either has not been paying attention, or is choosing not to see what’s before his eyes” Over the weekend, CNN reported that Immigration and Customs Enforcement (ICE) is gearing up to target DACA recipients for deportation: ICE has begun asking immigration courts to reopen administratively closed deportation cases against DACA recipients who continue to… Continue »

Supreme Court DAPA

“We’re about to find out.” In a poignant opinion piece for the New York Times, Linda Greenhouse lays out how in trying to dismantle DACA, the Trump administration circumvented key principles of administrative law. Greenhouse argues that, under the ordinary circumstances of adhering to said laws, the administration should have to provide a “more substantial… Continue »

“For Stephen Miller, the administration’s DACA strategy is ‘heads, I win; tails, you lose.’” “We own this” said Republican Solicitor General Noel Francisco before the Supreme Court on Tuesday morning. Indeed, the Trump administration does own the demise of Deferred Action for Childhood Arrivals program (DACA). The decision to terminate DACA in September 2017 was… Continue »

The Republican Policy is Clear: Deport Them All After two years of working to end the Deferred Action for Childhood Arrivals (DACA) program without taking responsibility for doing so, yesterday’s Supreme Court oral argument revealed an important truth. Instead of hiding behind the fig leaf that “the law made us do it,” Trump administration Solicitor… Continue »

DACA went before the Supreme Court today, in a consolidated case that will determine the future of more than 700,000 Dreamers. Dreamers and advocates showed up in force in front of the Supreme Court, despite the rainy and cold day, and supporters of all stripes joined them. Members of Congress, Speaker Nancy Pelosi, and California… Continue »

As legal observers and Supreme Court watchers parse today’s proceedings, let’s remember that we won’t know the outcome of the Deferred Action for Childhood Arrivals (DACA) case until next spring. But separate from reading tea leaves, we do know some things for certain right now:  1. For Dreamers with DACA, “home is here” – and… Continue »

President Trump took to Twitter before today’s oral arguments at the Supreme Court to slander Deferred Action for Childhood Arrivals (DACA) recipients. He also seemed to signal to the conservative majority of the Supreme Court that he expects them to do his bidding. It was a message undoubtedly directed at Chief Justice John Roberts, who… Continue »

Analysis by David Leopold  In a new piece for Medium, David Leopold – litigator and Chair of the immigration practice at Ulmer & Berne, LLP and past President of the American Immigration Lawyers Association (AILA) – argues the Deferred Action for Child Arrivals (DACA) case is a test for Chief Justice John Roberts. The Chief… Continue »

“This is about an entire group of people who are your friends, your neighbors, the people who you least expect, and they’re part of the American fabric. And this is our home. We don’t consider it home. This is our home.” On Tuesday, the U.S. Supreme Court will hear arguments to decide the future of… Continue »

Cross-posted from Medium, by David Leopold Tomorrow, the United States Supreme Court hears arguments on the Deferred Action for Childhood Arrivals (DACA) case. In a normal world, we would wait for the arguments to glean clues as to which way the Court might rule. But, we are not in normal times and this is not… Continue »