For many years in the USA there was a discussion about the fate of children who were illegally brought into the country by their parents, grew up here, graduated (or graduated) from school or colleges, got a profession, many work successfully and pay taxes to the American treasury, some served in the American army. Their mother tongue is English, and their lifestyle is based on American values. However, officially these young people are considered illegal immigrants and are subject to expulsion from the United States. In 2012, President Obama issued a Decree of the Deferred Action for Childhood Arrivals (DACA), a temporary measure (2 years) that does not provide permanent resident status for people who arrived in the United States before the age of 16 years and under 30 at the time of issuance of the Decree , gave them a “status default action”, which not only protects against deportation, but also provides the opportunity to receive a social insurance card, the right to work, and car rights. Subsequently, the Decree was extended several times. President Trump, who arrived at the White House in 2016, immediately expressed a desire to close the program in accordance with his campaign promise, recognize young people who fall under her program as illegal illegal immigrants and begin their deportation. He officially formalized his desire in September 2017, after the failure of an agreement with the Democratic Congress to exchange his consent for the continuation of the program for the necessary funds for the construction of the wall on the border with Mexico. However, in November 2018, the San Francisco 9th Circuit Court of Appeals ruled that President Trump’s administration should continue with the ex-President Obama’s DACA program, which protects hundreds of thousands of immigrants smuggled into the country from deportation as children. According to the judges, the decision of the authorities to abandon the DACA was "unauthorized and not in accordance with the law." The case was sent to a higher court, which is the US Supreme Court. Do not forget that Trump during his cadence managed to hold two conservative judges N. Gorsach and B. Cavanaugh, so the advantage was on the side of the Republicans 5: 4. All the more unexpected was the verdict issued by the Supreme Court in June, which ruled the Trump administration’s attempts to end the DACA program illegal. Usually Conservative President of the Court D. Roberts, appointed by President D. Bush, in this case, joined the liberal wing of four judges. In principle, both the lower courts and most judges of the Supreme Court recognized that Trump, as the head of the executive branch, had the right to suspend the program. However, the Administrative Procedure Act of 1946 establishes that the actions of state bodies must be carried out by justification. They cannot be performed arbitrarily and must be supported by objective data. The judges considered that these conditions were not met. So, unexpected (according to Trump himself) was the decision of the Supreme Court prohibiting discrimination on the basis of sexual orientation. Not only D. Roberts, but also one of Trump's appointees, N. Gorsach, voted for the illegality of discrimination against LGBT people in employment, which led to the victory of the liberal point of view 6: 3. Trump promised to still try to collapse the DACA again, this time issuing everything in accordance with the letter of the law. However, in connection with the situation in the country (ongoing pandemic and protests), it is doubtful that he will have the opportunity to do this before the election. Nobody knows what their result will be.
Date Added: 06/24/2020 |
Last Updated: 06/24/2020 |
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Thank you, dear Lilia, for your kind heart, strength and real help.
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