Supreme Court blocks Trump plan to end DACA program

Source: The Hill | June 18, 2020 | John Kruzel

The Supreme Court ruled on Thursday to block the Trump administration from ending an Obama-era program that shields nearly 700,000 young undocumented immigrants from deportation, upending a key feature of President Trump’s immigration agenda.

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 ruling keeps intact a program that is open to an estimated 1.3 million noncitizens who are eligible for DACA by virtue of having been brought to the U.S. as children and who have maintained residency and who meet the education or military service requirements and other criteria.

The case traces back to 2012, when then-President Obama established DACA through executive action. Roughly nearly 700,000 people are now enrolled in the program, which grants a renewable two-year deferral from deportation and makes applicants eligible for work permits, driver’s licenses and health insurance.

Trump, who campaigned on a promise to end Obama’s “illegal executive amnesties,” announced plans in 2017 to rescind the program. The move was met with swift legal challenges, and federal lower court judges in three cases ruled against the Trump administration.

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.

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