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DACA Tag

At 4 p.m. Eastern, Trump will deliver what the White House is calling a major speech on the border crisis and the partial government shutdown. Various news organizations are reporting that in the speech Trump will offer an extension of DACA in exchange for border wall funding.

The lower federal courts repeatedly have attempted to strip the executive (meaning THIS executive, because he's Trump) of his constitutional and legislatively-granted powers. We saw it in the Travel Order cases, which resulted ultimately in a Supreme Court rebuke of this judicial overreach.

Monday morning, Trump unleashed a round of tweets blaming Mexico and the Democrat party for contributing to America's Dreamer crisis, picking up a thread he began Sunday on the same subject. DACA (Deferred Action for Childhood Arrivals), the controversial policy created extralegally by President Obama, was rightly kicked to the legislature to legally codify protections for individuals who were brought to the U.S. as children without any legal immigration status.

We previously reported that the Trump administration took the unusual step of trying to get the Supreme Court to hear the case of the San Francisco federal district court order preventing Trump from ending DACA without getting a ruling first from the 9th Circuit. What made the procedure confounding, is that the administration did not seek a stay from the 9th Circuit and then the Supreme Court, only expedited direct Supreme Court review on the merits. That direct review procedure is rarely granted.  At the same time, the administration filed an appeal in the 9th Circuit.

The Common Sense Coalition, made up of eight Democrats, eight Republicans, and one Independent, has struck a bipartisan deal on immigration even though they know President Donald Trump will likely veto it if it reaches his desk. (I feel like this is the tenth bill that has come up on this subject) It includes a few portions from Trump's bill, but lacks other "pillars" the president has emphasized like eliminating the diversity visa lottery.

Earlier today I was reading Prof. Josh Blackman's post responding to criticism he has received for using the term Judicial Resistance, On the Judicial Resistance:
Over the past year, I have discussed at some length the self-professed “legal resistance,” which has coordinated legal strategies to resist President Trump in the courts. This front is part of the broader #Resistance movement against President Trump in the political sphere. These actions are completely rational, and unsurprising from the party that (unexpectedly) lost the election....