Supreme Court Blocks Trump Administration From Eliminating DACA
For three years, people with Deferred Action for Childhood Arrivals (DACA) status faced an uncertain future. The Trump administration was involved in legal battles after abruptly eliminating the program. For the third time this week, the Supreme Court has handed down a major loss for the Trump administration as they protected DACA from Trump’s attack.
The Supreme Court ruled that the Trump administration cannot end DACA.
The 5-4 decision is the third major legal loss for the Trump administration this week. SCOTUS ruled earlier this week that LGBTQ+ cannot be fired for their sexual orientation or gender identity. The court also refused to take up a case challenging California’s sanctuary state law letting the law stand.
The decision to temporarily protect DACA was a split decision with all of the conservative justices (Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Samuel A. Alito Jr.) voting in favor of the Trump administration. Justice John Robert joined the liberal justices Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, and Elena Kagan saving the program from the Trump administration, for now.
In the ruling, written by Justice John Roberts, the court cites that the acting secretary of state violated the Administrative Procedures Act when ending the program. Basically, the announcement was lacking substance and did not address key parts of the policy. This made the announcement void of an argument supporting the dismantling of the program.
The ruling is only temporary relief for the hundreds of thousands of young people on DACA.
While the program has been spared, it is not completely saved. The decision from the Supreme Court today focuses on the way DACA was eliminated, not the actual elimination. This means that the Department of Homeland Security (DHS) now has time to reevaluate its case against DACA to try again.
“The Court still does not resolve the question of DACA’s rescission,” Alito wrote in his dissent. “Instead, it tells the Department of Homeland Security to go back and try again.”
The conservative justices, while dissenting, did release statements that agreed with parts of the decision to block the Trump administration from eliminating DACA. The Trump administration first announced that they were ending DACA in 2017 with a press conference on the border led by Jeff Sessions.
Justice Sotomayor made her own headlines after calling the case a racist attack.
“I would not so readily dismiss the allegation that an executive decision disproportionately harms the same racial group that the President branded as less desirable mere months earlier,” Justice Sotomayor wrote in her concurrence of the decision.
Organizers and activists are giving credit to the DACA community for this victory.
The DACA community has led the charge to protect their status in the U.S. The movement has largely been done thanks to the work of DACA recipients fighting for their right to be here. For many, it is the only country they know after arriving to the U.S. without proper documentation when they were young children.
The president has tweeted his clear displeasure on the Supreme Court that he tried to stack in his favor by appointing two justices.
Both justice Kavanaugh and Gorsuch were Trump’s appointees. After three losses from the Supreme Court, President Trump followed his usual playbook and accused the Supreme Court of not liking him.
Now, it is time for Congress to act.
With DACA recipients temporarily spared sudden deportation, Congress must act and pass legislation protecting Dreamers from being deported. The Dream Act is one piece of legislation that offers DACA recipients a pathway to citizenship, something most Americans agree with.