The longtime US citizens who benefit from DACA – so-called dreamers – have joined forces to maintain the program, arguing that they usually played no part in their parents' decision to bring them into the country, And now essentially Americans are in almost all ways, with the exception of their legal status.
The dreamers, many of whom are pupils and students, have even been sympathetic to some of the tough opponents of illegal immigration, but the legislation to address their plight has been stuck for more than a decade.
The Supreme Court question on Tuesday is not strictly speaking about whether the Obama administration acted lawfully when the program was drawn up in 201
In 2016, the Supreme Court heard a contest brought by conservative states against the DACA, but the court jammed because of the unexpected death of Justice Antonin Scalia left the program in place.
Chief Justice John Roberts appears to have teamed up with his conservative compatriots in this fight, but is widely regarded as the most likely swing vote in the current dispute. In June, he surprised many right-wing observers by joining the four Democrat-appointed Democrats to reject the Trump administration's attempt to add a citizenship issue to the 2020 census.
Roberts did not deny the administration's authority to change the census forms, but concluded that the official statement of the administration was "invented" for the additional question – essentially a delusion.
The current dispute over the DACA includes a similar claim that the Trump Government's justification for terminating the program – a new lawsuit threatened by conservative states but never filed – is too weak to support Justify the decision.
Justice Department lawyers defending the ruling argued that there was no legal basis for the courts to review a decision by the executive to drop a program such as the DACA, which was itself set up by executive action taken by a previous administration.
The Trump administration also claims that concerns over future litigation against the DACA provide a sufficient basis for the announcement by US Attorney General Jeff Sessions, announced in September 2017, that the program be terminated by terminating the extension of two-year work permits to the beneficiaries ,
Trump has rejected the court rulings that blocked the decision to lift the DACA, arguing that they have stopped the political momentum for passing laws that could have provided a so-called long-term dormant residence permit in the US.
The President reiterated this attitude in a Tweet Tuesday that simultaneously labeled DACA beneficiaries as dangerous and promised to find a way for Dreamers to stay in the US, even though his decision to end the program is confirmed ,
"Many of the people in the DACA who are no longer very young are far from" angels, "wrote Trump. "Some are very tough, hardened criminals. President Obama said he has no legal right to sign the regulation but would still do so. If the Supreme Court fixes a fall, Dems will make a deal to keep them! "
Foreigners with a convicted offense or extensive records of offense are not eligible for the DACA and may be removed from the program if they commit criminal offenses upon obtaining the DACA status. Official statistics show that 850 DACA beneficiaries had their status "terminated" in fiscal year 2017 due to criminal activity or gang activity.
Democrats claim that a legislative deal stalled early last year not because of court decisions, but because conservative lawmakers and interlocutors The show's moderators denounced the proposed compromise, prompting Trump to withdraw from the outline of a package he had had previously agreed.
The judges have probably observed the political dispute and preferred to solve the fight against the dreamers in this way. For the first time in January 2018, the Trump administration called on the Supreme Court to complain after the first judgments against DACA dismantling, but the judges refused. They said they would take the usual route to wait for a decision from one or more appeals courts before deciding if they would like to tackle the problem.
The Justice Department brought the dispute back to court a year ago, but the judges showed their reluctance to get involved by sitting in these petitions for almost a full term before finally reaching agreement in June, the matter this fall pick up.
The laziness of the judges gave Trump and the Democrats more time to work out a legislative compromise. However, as these efforts have apparently come to a standstill, the delay means that a potentially explosive Supreme Court decision is likely next June or until the end of June – just as Trump's re-election bid is on the rise.
The cases pending before the court have been filed by DACA receivers, four liberal states, local governments and the University of California. All said they were harmed by the Trump administration's attempt to end the program.
Ted Olson, a former Attorney General under President George W. Bush, advocates for the DACA beneficiaries. It is expected that he will be accompanied by a lawyer, himself a so-called dreamer, Luis Cortes, at the consulting table. The 31-year-old graduate of the Law School of the University of Idaho was born in Mexico and came to California with his parents who were looking for work at the age of one.
The states and other local governments fighting Trump's decision are represented by California Attorney General Michael Mongan.
US Attorney General Noel Francisco will defend the government's attempt to end the program.