Ian Eppler  //  9/6/17  //  Daily Update

The Trump Administration announces an end to DACA—the Deferred Action for Childhood Arrivals immigration non-enforcement program—and commentary and analysis about what might happen next ensues. Transgender service members sue the Trump Administration to block the order barring military service by transgender individuals. And President Trump continues to nominate reliable conservatives to open positions on the federal bench, which prompts media commentary and a Facebook message from Senator Al Franken about his opposition to one nominee to the Eighth Circuit.

IMMIGRATION

President Trump has ordered an end to DACA (NYT, WaPo, WSJ). 

• Attorney General Jeff Sessions’ letter to the Department of Homeland Security regarding the end to DACA can be found here. 
• President Trump’s legal justifications for ending DACA are fundamentally flawed, writes Leah Litman at Take Care. 
• The President’s decision to end DACA likely violates the notice-and-comment requirement of the Administrative Procedure Act, notes Daniel Hemel (Take Care). 
• Nothing in the Constitution requires the President to end DACA, write Adam Cox and Cristina Rodriguez at Just Security. 
• Allowing the Administration to use information from DACA to deport individuals would both be heartless and set a dangerous precedent, argues Rose Cuizon Villazor (NYT). 
• Ending DACA will fuel human smuggling and cause more illegal immigration from Central America, writes Rachel Kleinfeld at Just Security. 
• David Bier explains what will happen when DACA permits expire (Cato Institute). 

The Trump Administration’s definition of “close familial relationship” in the travel ban case is absurd, writes Sarah Mahmood at Take Care. 

CIVIL RIGHTS

Transgender soldiers and those seeking to enlist have sued the Trump Administration over the transgender service ban (The Hill). 

• The complaint can be found here. 

JUSTICE & SAFETY

The Trump Administration should use legal tools, such as criminal accountability, as part of a comprehensive strategy for dealing with North Korea, writes the WSJ Editorial Board. 

The U.S. has grounds to state that Iran is violating the 2015 nuclear deal, according to U.N. Ambassador Nikki Haley (Politico). 

REGULATION

The Trump administration will not appeal a district court ruling blocking the Obama administration’s revised overtime pay rule (The Hill).

• The administration should not rescind the rule, argues Sam Bagenstos at ACS Blog.

The Department of Education has terminated an agreement to cooperate with the Consumer Financial Protection Bureau on investigations of student loan fraud (The Hill).

Senate Democrats criticized a proposal by the FCC to redefine “broadband Internet” as including certain slower services (Ars Technica).

RULE OF LAW

Increasingly strong partisanship poses risks to American democracy, writes Lee Drutman in Vox.

CHECKS & BALANCES

Senator Al Franken (D-MN) has announced he will not return a blue slip for Minnesota Supreme Court Justice David Stras, President Trump’s nominee to the United States Court of Appeals for the Eighth Circuit, setting up a potential showdown over the future of the blue slip process (Politico).

• Senator Franken’s statement on his decision is available here.

Despite an increasingly tumultuous relationship, President Trump and Senate Majority Leader Mitch McConnell are still working to reshape the federal judiciary, notes Joan Biskupic at CNN.

RUSSIAN INTERFERENCE

In the event that President Trump pardons his associates to prevent their prosecution for involvement in Russian interference, state prosecutors have several means of prosecuting them, notes Jed Shugerman at Just Security.

The president likely cannot be named as an unindicted co-conspirator in an indictment resulting from the investigation into Russian interference, argues James B. Jacobs at Just Security.

Senators Amy Klobuchar (D-MN) and Lindsey Graham (R-SC) have proposed an amendment to the National Defense Authorization Act that would provide grants for state-level election security initiatives (Lawfare).