Supreme Court Surprisingly Upholds DACA

( For the second time this week, the Supreme Court delivered a surprising decision, upholding the DACA program.

Along with the four liberal justices, Chief Justice John Roberts voted against the Department of Homeland Security, saying its decision to rescind the Deferred Action for Childhood Arrivals program was “arbitrary and capricious” under the Administrative Procedure Act.

The court’s ruling was a surprise and celebrated by DREAMers. These 650,000 people are now safe from being deported for now. The Trump administration must now jump through some hoops the Supreme Court said is required before it can end the program.

As part of his opinion, Roberts wrote:

“The appropriate recourse is therefore to remand to DSH so that it may reconsider the problem anew.

“We do not decide whether DACA or its rescissions are sound policies. 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.”

The DACA program, started in 2012, temporarily protected individuals from deportation if they were brought to the United States illegally as children. These people were termed DREAMers, and were allowed to work legally here and apply for college loans in the U.S. as long as they passed a background check and met certain other requirements.

President Donald Trump has been trying to end the DACA program almost since he assumed the office. He believes the program was unconstitutional and illegal from the beginning.

Following the Supreme Court’s decision, Trump expressed his displeasure on Twitter, writing:

“These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!”

Justice Clarence Thomas wrote the dissenting opinion, saying DACA was illegal, and therefore it should have been ended by the Supreme Court instead of extending the legal fight about it. He wrote:

“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision. The court could have made clear that the solution respondents seek must come from the legislative branch.”

Thomas said the court “has given the green light for future political battles to be fought in this court rather than where they rightfully belong — the political branches.”

Those fighting for DACA to be upheld were naturally euphoric over the decision. That included Xavier Becerra, the attorney general of California, one of the 20 states as well as the District of Columbia who sued to uphold the program. He said that ending DACA “would have been cruel to the hundreds of thousands of Dreamers who call America home, and it would have been bad for our nation’s health.”