Supreme Court rules against Trump admin; Obama’s DACA order cannot be rescinded

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An initiative that began as an executive order issued by President Barack Obama to allow children of illegal aliens to remain inside the United States cannot be rescinded by an executive order from President Donald Trump.

That’s essentially what the U.S. Supreme Court ruled on Thursday, when it struck down the White House’s bid to end the Deferred Action on Childhood Arrivals program.

In a 5-4 decision, the high court noted that the Trump administration’s decision to rescind DACA was a violation of the Administrative Procedure Act, Fox News reported.

Once again, Chief Justice John Roberts joined the high court’s liberals in authoring the opinion, in which he wrote that President Trump’s move to end DACA, which extends privileges to the children of illegal aliens that statutory law does not grant them, was “arbitrary and capricious,” though justices did not rule on the merits of the program in and of itself.

“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,'”Roberts wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

Roberts wrote that the White House “failed to consider the conspicuous issues of whether to retain forbearance,” in addition to the impact the recision would have on DACA recipients who were benefitted by the program.

“That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner,” Roberts said in his opinion. “The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”

Fox News adds:

At issue was a program created under executive order that gave about 700,000 people brought to the United States illegally as children the opportunity to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.

Hundreds of “Dreamers” and their supporters had rallied outside the court during the November oral arguments. Some carried signs, such as “Build Bridges, Not Walls.” President Trump at times seemed to be pressing instead for a legislative solution, and had tweeted earlier that morning that if the administration prevailed, “a deal will be made with the Dems for them to stay!”

The White House announced in 2017 it would move to phase out DACA, and even implored Congress to come up with a legislative fix that would benefit those who were covered under the program, but lawmakers refused.

Democrats, who claimed to support DACA and the young men and women covered under the program, also refused to join with Republicans to come up with a bill that Trump vowed to sign.

In arguing against keeping DACA, the Justice Department said the program isn’t working anyway and that it’s illegal. DoJ lawyers said that the president ought to have “absolute discretion” in the adoption of a revised overall strategy for immigration. A dozen states, led by Texas, sided with the administration in repealing the program.

“DACA proponents have argued that Trump’s planned termination violates federal law requiring adequate notice-and-comment periods before certain federal rules are changed, as well as other constitutional equal protection and due process guarantees,” Fox News reported.

In dissent, Justice Clarence Thomas wrote, “An effort to avoid a politically controversial but legally correct decision.”

Reaction against the ruling was strong on social media.

 

Jon Dougherty

Staff Writer
[email protected]

Jon is a staff writer for BizPac Review with 30 years' worth of reporting experience, as well as an author and U.S. Army veteran. He has a BA in political science from Ashford University and an MA in national security studies/intelligence analysis from American Military University.
Jon Dougherty

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