Erwin Chemerinsky: The stakes are enormous for immigrants in upcoming DACA cases
Berkeley Law Dean Erwin Chemerinsky previews the upcoming November 12 argument in the Deferred Action for Childhood cases in the Supreme Court for the ABA Journal. “The cases—Department of Homeland Security v. Regents of the University of California, McAleenan v. Vidal (previously Batalla Vidal v. Nielsen) and Trump v. NAACP—likely will determine the fate and future of about 800,000 “Dreamers,” young men and women who were brought to the United States at an early age.” Chemerinsky concludes:
“The stakes are enormous. Most importantly, the case will determine whether about 800,000 people have to fear deportation. Often, this would be to countries where they lived for only a brief time. Even if they’re not deported and whether DACA is repealed, they will lose work permits and other benefits that come with DACA status.
The case also will be important for administrative law and how the court will treat the requirement for a legitimate reason for an agency action. And underlying it all is the scope of Trump’s powers with regard to immigration.”
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