President Donald Trump's decision to end the DACA program goes before the U.S. Supreme Court Tuesday.
It's been two years since the White House announced it was ending President Obama's order to protect more than 700,000 illegal aliens brought to the U.S. as children.
Appellate law expert Byron Henry, a partner with Scheef & Stone LLP, says the argument before the court is simple.
“If President Obama had the discretion to order DACA, then President Trump has the authority to rescind DACA,” he says.
However, Henry says Democrats are trying to hold President Trump to separate set of standards.
“As long as the Supreme Court keeps the rules the same and doesn't move the bar based on who is in the Oval Office, in this case President Trump, I see the ultimate result in this case as a win, probably by more than a 5-4 majority in favor of the Trump administration.”
Henry says the high court would do the country a favor by forcing Congress to pass immigration reform.
“They either need to know they're here illegally and they're subject to deportation, or that they're protected and can go about living their lives,” he says. “It's not fair to have their status up in the air based on executive orders that don't carry the force of law.”