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Trump’s fight against Obama’s unconstitutional DACA order is going to the Supreme Court

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After the San Francisco-based 9th Circuit Court rule against plans to end the Deferred Action for Childhood Arrivals (DACA) program, the Trump administration plans to take their case all the way to the highest court in the land.

On Thursday, a three-judge panel of the 9th Circuit rejected a bid by the Justice Department to keep a federal judge from releasing memos, emails, and documents associated with President Trump’s decision to end DACA.

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Trump’s September decision to end the program but allow six months for Congress to act sparked controversy on both sides of the issue. Immigration hawks wondered why there would be a continuation of DACA at all, even enacted by Congress, at least without significant concessions on issues like chain-migration and wall funding. Liberals and immigration advocates took umbrage that the Obama-era program was even being questioned, Constitutional issues notwithstanding.

Ninth Circuit Judges Kim Wardlaw and Ronald Gould ruled that the Trump administration should have released more documents responding to the various lawsuits challenging their decision in order to fully understand the reasoning, agreeing with U.S. District Court Judge William Alsup’s order to release more.

However, the Justice Department believes this violates executive privilege.

The administration will have until November 22 to release the documents, unless the U.S. Supreme Court issues the stay they seek.

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Scott Morefield


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