Thursday, June 18, 2020

SCOTUS hands Trump another loss

In a 5-4 decision, the justices said the administration failed to give an adequate justification for terminating the Deferred Action for Childhood Arrivals (DACA) program, as required by federal law.

“The dispute before the Court is not whether [Department of Homeland Security] may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so,” Chief Justice John Roberts wrote for the majority.

  The Hill
So, that sounds like they just need to go about it in another way.
The ruling keeps intact a program that is open to an estimated 1.3 million non-citizens who are eligible for DACA by virtue of having been brought to the U.S. as children, and who have maintained residency and meet the education or military service requirements and other criteria.

[...]

Appearing before the Supreme Court last fall, the Trump administration argued that its decision to rescind DACA is not reviewable by courts. A majority of justices rejected that argument Thursday, but several of the court’s reliably conservative members embraced the view in a dissenting opinion.

“The Court could have made clear that the solution respondents seek must come from the Legislative Branch. Instead, the majority has decided to prolong DHS’ initial overreach by providing a stopgap measure of its own,” Justice Clarence Thomas wrote in a dissent.

“In doing so, it has given the green light for future political battles to be fought in this Court rather than where they rightfully belong — the political branches,” added Thomas, whose dissent was joined by fellow conservative Justices Samuel Alito and Neil Gorsuch.
Don't forget Kavanaugh.
Roberts said the administration did not follow procedures required by law, and did not properly weigh how ending the program would affect those who had come to rely on its protections against deportation, and the ability to work legally.

[...]

“We address only whether the [Department of Homeland Security] complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner.”

  WaPo
...but hey, do what you want...you will anyway.

UPDATE:






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