The Daily

A Small Act of Rebellion

Nov 12, 2019
Julie Hirschfeld Davis, the Congressional editor of The New York Times, brings her political expertise to the discussion surrounding DACA. She reveals how a key decision by former Acting Secretary Elaine Duke, who resisted pressure to end the program, shapes the legal landscape. The conversation dives into the internal conflicts within the Trump administration and highlights the significant role of independent journalism in the ongoing DACA legal battles. With nearly 700,000 Dreamers' futures hanging in the balance, the stakes couldn't be higher.
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ANECDOTE

Ambush

  • Elaine Duke, acting Homeland Security Secretary, entered a meeting about DACA, expecting a policy discussion.
  • She realized it was a procedural ambush to force her to sign a memo ending DACA.
INSIGHT

Policy Rationale

  • Providing policy reasons for ending DACA strengthens the legal case, acting as backup if the legality argument fails.
  • Elaine Duke's refusal to provide these reasons created a legal vulnerability.
ANECDOTE

Supplemental Memo

  • After losing court cases, the Trump administration added policy reasons to the DACA memo.
  • The judge rejected this as too late, but it served as a political message.
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