GSN March 2016 Digital Edition

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Border Security/Immigration What’s next in the Supreme Court Case on expanded DACA and DAPA? By Mellissa Crow JANUARY 20, 2016 – This week, the Supreme Court announced it would hear arguments in United States v. Texas. The highest court will now determine whether the President’s deferred action initiatives announced in November 2014, known as expanded DACA and DAPA, constitute a lawful exercise of executive discretion. The Supreme Court’s decision could clear the way for the initiatives to go forward as early as June of 2016. If that happens, expanded DACA and DAPA could provide temporary relief from deportation to as many as five million people. It’s important to note that the current, active DACA program that began in 2012, which now has more than half a million people enrolled, is not being challenged in this lawsuit. Some court watchers were surprised to see the court direct both sides to address whether the President’s actions violated the “Take Care” Clause of the Constitution, which states that the President must “take Care that the Laws be faithfully executed.” Neither the Texas district court nor the Fifth Circuit Court of Appeals addressed this legal claim; instead, the lower courts based their decisions on the government’s alleged failure to comply with certain technical requirements under the Administrative Procedure Act. The Court’s request for additional briefing on this issue suggests that it wants to resolve all the issues in the case, rather than leaving a loophole that could be the basis for a future decision by the district court, which could further delay the implementation of expanded DACA and DAPA. However, the Court may not end up reaching the merits of this case at all and may instead dismiss the 44 case for lack of standing, or legal capacity to bring the case. This is the best case scenario. Texas and the 25 other plaintiff states are arguing that they have standing because additional costs Texas might incur to issue drivers’ licenses to beneficiaries of the deferred action programs give them enough of a stake in the case to challenge federal immigration policy. If the Court were to affirm this rationale, it would mean that states have an unprecedented role in an area that has always been an exclusively federal domain. Oral arguments in the case will likely be scheduled for April 2016. The Court will issue a decision before its current term ends in June 2016. For the sake of the immigrant families whose lives are riding on this decision, let’s hope that the Court makes clear that President Obama, like every President before him dating back to Eisenhower, has the authority to take executive action on immigration. Photo Courtesy of Photo Phiend.
Nativists line up in support of Trump’s Presidential campaign By Walter Ewing If one is judged by the company one keeps, then Donald Trump needs some new friends. The now-undisputed frontrunner in the Republican presidential primary campaign has been receiving endorsements from a rogue’s gallery of nativists. Not surprisingly, Trump and his buddies fail to offer any constructive, realistic, or humane means of fixing the myriad problems that plague the U.S. immigration system. For instance, a key component of the Trump immigration doctrine is the deportation of all 11 million unauthorized men, women, and children now living in the United States—no matter how much it costs or how many lives it needlessly destroys. This kind of immigration “reform” plays well in white-supremacist circles. David Duke, the ardent white nationalist and former Ku Klux Klansman, has told his followers that “voting against Donald Trump at this point is really treason to your heritage.” During an inter- responsible for the words of his supporters, but it should be taken as a warning sign when his supporters include a flock of white nationalists. As Richard Cohen, president of the Southern Poverty Law Center, puts it: “You can’t help who Photo: Darron Birgenheier admires you, but when white supremacists start endorsing view on CNN, Trump repeatedly declined to disavow any ideological allegiance with Duke—an incident which he later blamed on a faulty earpiece worn during the interview. He subsequently disavowed Duke in a tweet, but Duke took no offense, saying: “Look, Donald Trump, do whatever you need to do to get elected to this country because we you for president, you ought to start asking why.” Similarly, one might ask why so many of Trump’s retweets are words of praise from white supremacists. One might also question the wisdom of Trump’s decision to tweet a quote from World War II fascist dictator Benito Mussolini: “It is better to live one day as a lion than 100 years as a sheep.” need a change.” White nationalist connections Trump has received similar words of praise from Jared Taylor, founder of the New Century Foundation and editor of its website, American Renaissance. Taylor says that “someone who wants to send home all illegal immigrants…is acting in the interest of whites, whether consciously or not.” Of course, Trump cannot be held aside, the Trump immigration plan has also been embraced by anti-immigration advocates who are more mainstream in their rhetoric. Senator Jeff Sessions (R-AL) states that: “Politicians have promised for 30 years to fix illegal immigration. Have they done it? Donald Trump will do it. I’ve told Donald Trump More on page 54 45
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