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We the People

Can the Trump Administration End DACA?

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 14 November 2019

⏱️ 50 minutes

🧾️ Download transcript

Summary

Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can, was the decision to rescind DACA legal? And is DACA itself legal and constitutional? Brianne Gorod of the Constitutional Accountability Center and Josh Blackman of the South Texas College of Law Houston join host Jeffrey Rosen to dive into the questions. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:07.8

to We The People, a weekly show of constitutional debate.

0:11.4

The National Constitution Center is a nonpartisan nonprofit chartered by Congress

0:16.5

to increase awareness and understanding of the Constitution among the American people.

0:22.0

This week, the Supreme Court heard challenges to the Trump administration's decision to

0:26.8

end the Deferred Action for Childhood Arrivals Program program or DACA.

0:33.0

DACA was enacted by the Obama administration

0:35.8

to defer the deportation of undocumented people

0:39.3

brought to the US as children.

0:41.3

Now the court will decide whether President Trump's decision to rescind DACA

0:46.0

almost two years ago was lawful and possibly unconstitutional or whether it even

0:52.1

has the authority to review the question to begin with.

0:55.0

Joining us to dive into this crucially important question and to unpack the complicated legal and constitutional issues.

1:02.8

At the core of the case, are two of America's leading Supreme Court commentators

1:06.3

and two great friends of the We The People Podcast.

1:10.1

Josh Blackman is Associate Professor of Law

1:12.0

at the South Texas College of Law Houston and an adjunct scholar at the Cato Institute.

1:17.0

He has testified before the House Judiciary Committee and is the founder and president of the Harlan Institute and he blogs at Josh Blackman.

1:24.6

Come. Josh it is great to have you back on the show. Thanks Jeff. And Brian Garad is

1:30.5

chief counsel at the Constitutional Accountability Center.

1:34.0

She has served as attorney advisor in the Office of Legal Counsel at the Department of Justice

1:38.8

and Clerk for Justice Stephen Breyer.

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