Brett Kavanaugh on Immigration

DACA phase-out legally correct under administrative law

Justice Kavanaugh wrote a separate dissent praising immigrants, but saying he did not agree with the majority opinion. "They live, go to school, & work here with uncertainty about their futures. Despite many attempts over the last two decades, Congress has not yet enacted legislation to afford legal status to those immigrants," Kavanaugh wrote. He noted that "the only practical consequence of the Court's decision to remand appears to be some delay" because the decision allows "the Department to relabel and reiterate substance."

Two cases shine light on leaning towards anti-immigration

"In Fogo de Chao v. Dept of Homeland Security , Kavanaugh opposed granting special visas for Brazilian workers when American workers could do the same job. And in Agri Processor v. NLRB, Kavanaugh said a union election should have been voided because it was `tainted' by votes from undocumented immigrants."