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Brett Kavanaugh on Immigration

 

 


DACA phase-out legally correct under administrative law

The Supreme Court blocked the Trump administration's attempt to end Deferred Action for Childhood Arrivals, an Obama-era program that protects immigrants brought to the US as children from deportation. After Trump came into office, the administration announced the program had been created "without proper authority" and that DACA would be phased out. The ruling said the administration had failed to provide an adequate reason to justify ending the DACA program.

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."

Source: CNN on Trump Cabinet / 2020 SCOTUS rulings , Jun 18, 2020

Two cases shine light on leaning towards anti-immigration

[One pundit says], "Kavanaugh would likely lend strong support to the administration's hard-line immigration agenda. Immigration hawks praise 2 opinions in particular."

"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."

Source: Politico.com on lead-up to SCOTUS Confirmation Hearing , Jul 10, 2018

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Other Justices on Immigration: Brett Kavanaugh on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Oct 08, 2020