(HuffPost) — The Deferred Action for Childhood Arrivals program, or DACA, will remain in place, keeping nearly 650,000 undocumented young people safe from deportation, thanks to a ruling on Thursday by the Supreme Court.
The court ruled that President Donald Trump wrongly ended DACA. Chief Justice John Roberts authored the 5-4 decision. While the ruling leaves the door open for Trump to rescind the program in the future, it leaves it in place for now ― a huge relief for hundreds of thousands of people.
The decision affects undocumented immigrants who came to the U.S. as children, often called Dreamers, and are currently able to remain under the Obama-era program. DACA has been life-changing for these undocumented immigrants, removing the looming threat of deportation and allowing them to work legally under permits that must be renewed every two years. But President Donald Trump, along with Republican allies, argued that President Barack Obama had overstepped his authority in creating DACA, and Trump announced plans in 2017 to end the program.
Legal challenges kept the program in place, and in the meantime, DACA recipients were allowed to renew their status. It allowed them to find better jobs, increase their earnings and get driver’s licenses. They pay taxes and buy homes. Some have children who are U.S. citizens. An estimated 29,000 DACA recipients are working in health care, some of them on the front lines of the coronavirus pandemic, as pro-DACA groups pointed out in a supplemental brief filed with the Supreme Court in April. (Although the justices heard oral argument in the DACA case in November, they agreed to consider this new information as well.)
The court ultimately ruled that the then-acting secretary of the Department of Homeland Security, Elaine Duke, violated the Administrative Procedure Act when she terminated the program by failing to consider important matters, including “what if anything to do about the hardship to DACA recipients.” Roberts wrote that the decision should be sent back to DHS to reconsider.
“We do not decide whether DACA or its rescission are sound policies,” Roberts writes in the opinion. “‘The wisdom’ of those decisions ‘is none of our concern.’ … We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. … That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner.”
Most of the Republican-appointed justices on the court disagreed with the ruling.
“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Justice Clarence Thomas wrote in a dissent.
Like his predecessor, Trump has taken executive actions on immigration without congressional approval. Early in his presidency, Trump barred people from several Muslim-majority nations from entering the country, following up on a campaign promise to ban Muslims from coming to the United States. The Supreme Court ultimately allowed a watered-down version of that ban to go into effect. In April of this year, Trump issued another order limiting legal immigration, claiming that the coronavirus pandemic and related economic slowdown necessitated it.
The inherent argument from the Trump White House seemed to be that a president ― or at least this president ― can do whatever he wants on immigration so long as the end result is keeping people out.
Obama announced DACA in June 2012 at the urging of Dreamers, Latino organizations and many Democratic lawmakers. The program was an effort to use executive action to grant protections to young undocumented immigrants whom Congress had long failed to protect. It is open to those who entered before the age of 16 and were under the age of 31 as of June 15, 2012 (the day the program was created) and does not cover people who have committed a felony or serious misdemeanors. The Obama administration and DACA supporters argued that the program is permissible as an exercise of prosecutorial discretion, allowing authorities to focus on deporting others.
While Trump is likely to decry the court for blocking one of his policies, it’s also something of a political gift. The majority of voters back legal status for undocumented young people who came to the U.S. as children, meaning throwing them back into limbo ahead of the 2020 election would likely be unpopular. And although White House officials and some Republicans have said they’d act to help Dreamers if the Supreme Court allowed Trump to rescind DACA, there’s plenty of past precedent that indicates they wouldn’t.
While politicians from both parties have said that people who came to the U.S. as kids shouldn’t be punished, Republican lawmakers have repeatedly blocked measures to help them. The Dream Act, a bill initially proposed in 2001 to give Dreamers a path to citizenship, failed most recently in 2010. In 2013, House Republicans blocked broader immigration reform that would have given many undocumented people the opportunity to gain citizenship, even after the legislation passed in the Senate.
Trump’s election in 2016, after a campaign defined by his vilification of immigrants, effectively doomed the chances for progress on major immigration reform. The president has occasionally given lip service to supporting efforts to protect Dreamers, including tweeting in November that if the Supreme Court allowed him to end DACA, “a deal will be made with Dems for them to stay!”
In practice, though, he has conditioned potential support for Dreamer protections on the passage of his own priorities, such as funding a border wall, limiting access to asylum and changing the legal immigration process. Republicans, even those who state support for Dreamers, also largely back tying protections to broader immigration reform.
Trump has also disparaged Dreamers. In the same November tweet saying he would make a deal for DACA recipients to stay in the U.S., Trump wrote: “Many of the people in DACA, no longer very young, are far from ‘angels.’ Some are very tough, hardened criminals.”
During oral arguments last fall in the case known as Department of Homeland Security v. Regents of the University of California, Chief Justice John Roberts and Justice Brett Kavanaugh indicated they might side with the administration. Roberts suggested that the program could be phased out and that ending it wouldn’t put DACA recipients at risk of deportation.
“The whole thing was about work authorization and these other benefits,” Roberts said. “Both administrations [Trump and Obama] have said they’re not going to deport the people.”
But that was no guarantee. While some Trump administration officials have said DACA recipients wouldn’t be priorities for deportation should they lose their protected status, Trump ended other Obama administration policies prioritizing some immigrants for deportation over others. The Immigration and Customs Enforcement agency has reopened removal cases against DACA recipients, and ICE acting director Matthew Albence confirmed in January that if individuals “get ordered removed and DACA is done away with by the Supreme Court, we can actually effectuate those removal orders.”
In early June, Sen. Dick Durbin (D-Ill.), a longtime advocate for Dreamers, asked the head of ICE’s deportation arm whether it would carry out removal of DACA recipients, should the program be eliminated. The answer was yes.
Henry Lucero, director of ICE’s Enforcement and Removal Operations, told Durbin in a hearing that there are no current plans on the matter and that orders for removal come from immigration judges or, in certain cases, agencies that carried out the arrest.
“ICE carries out those lawful orders and will continue to do so,” Lucero said.
The Supreme Court decision comes at a particularly painful time for people of color, especially Black people, in the United States, amid nationwide protests over police violence. While the majority of DACA recipients are Hispanic or Latino, nearly 11,000 people with the protections are from countries in which most immigrants to the U.S. are Black, according to the Center for American Progress.
Read the US Supreme Court’s DACA ruling here or below.
US Supreme Court Upholds Abortion Clinic Protest Zone Limits In Chicago, Harrisburg, Pennsylvania
WASHINGTON (Reuters) – The U.S. Supreme Court on Thursday left in place policies in Chicago and Pennsylvania’s capital Harrisburg that place limits on anti-abortion activists gathered outside abortion clinics.
The justices declined to hear two appeals by anti-abortion groups and individual activists of lower court rulings upholding the cities’ ordinances.
The Chicago policy bars activists from coming within eight feet (2.4 meters) of someone within 50 feet (15 meters) of any healthcare facility without their consent if they intend to protest, offer counseling or hand out leaflets. The Harrisburg measure bars people from congregating or demonstrating within 20 feet (6 meters) of a healthcare facility’s entrance or exit.
Both cases pitted the free speech rights of anti-abortion protesters against public safety concerns raised by women’s healthcare providers regarding demonstrations outside clinics. There is a history of violent acts committed against abortion providers.
At issue before the Supreme Court was whether the ordinances violate free speech rights protected by the U.S. Constitution’s First Amendment.
The Chicago-based 7th U.S. Circuit Court of Appeals last year upheld the Chicago ordinance, which was introduced in 2009. The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled in favor of Harrisburg in 2019. That measure was enacted in response to disruptions by protesters outside two abortion clinics in the city.
The cases did not directly implicate abortion rights. In a major ruling on Monday, the struck down a Louisiana law placing restrictions on doctors that perform abortions.
Also on Thursday, the court directed a lower court to reconsider the legality of two Indiana abortion restrictions – one that would require women to undergo an ultrasound procedure at least 18 hours before terminating a pregnancy and another that would expand parental notification when a minor seeks an abortion. The lower court had struck down both measures.
Abortion remains a divisive issue in the United States. The Supreme Court in its landmark 1973 Roe v. Wade ruling legalized abortion nationwide, finding that women have a constitutional right to the procedure. In recent years, numerous Republican-governed states have sought to impose a series of restrictions on abortion.
Federal Judge Reverses Trump Asylum Policy Due To Government Failing To Abide By Administrative Procedure Act
(Law & Crime) — A federal judge appointed by President Donald Trump on Tuesday evening overturned the Trump Administration’s second and most restrictive asylum policy, all because the government failed to abide by the Administrative Procedure Act (APA), the judge reasoned.
In a 52-page opinion, U.S. District Judge Timothy Kelly of Washington, D.C. held that in enacting the rule, which required immigrants to seek asylum in any country they passed through before they could claim asylum in the U.S., the Trump administration “unlawfully dispensed” with mandatory procedural requirements allowing the public to weigh in on proposed rule changes.
Kelly, who was appointed to the court in 2017, rejected the Trump administration’s assertion that the asylum rule fell within exceptions to the APA permitting the government to disregard the notice-and-comment requirement if there’s “good cause” such commentary is unnecessary or if the rule involves a military or foreign affairs function.
“[The court] also holds that Defendants unlawfully promulgated the rule without complying with the APA’s notice-and-comment requirements, because neither the ‘good cause’ nor the ‘foreign affairs function’ exceptions are satisfied on the record here,” Kelly wrote. “Despite their potentially broad sweep, the D.C. Circuit has instructed that these exceptions must be ‘narrowly construed’ and ‘reluctantly countenanced.’ The Circuit has also emphasized that the broader a rule’s reach, ‘the greater the necessity for public comment.’ With these baseline principles in mind, the Court considers whether either the good cause or foreign affairs function exception applies here. Neither does.”
According to Kelly, the Immigration and Nationality Act (INA) generally allows any person physically in the U.S. seeking refuge to apply for asylum — with some exceptions for immigrants who have committed certain crimes or who had previously been “firmly resettled” prior to arriving in the U.S.
“The Court reiterates that there are many circumstances in which courts appropriately defer to the national security judgments of the Executive. But determining the scope of an APA exception is not one of them,” Kelly wrote. “As noted above, if engaging in notice-and-comment rulemaking before implementing the rule would have harmed ongoing international negotiations, Defendants could have argued that these effects gave them good cause to forgo these procedures. And they could have provided an adequate factual record to support those predictive judgments to which the Court could defer. But they did not do so.”
Claudia Cubas, the Litigation Director at CAIR Coalition, one of the plaintiffs in the lawsuit, praised the decision as removing an “unjust barrier to protection” for those in need.
“By striking down this rule, Judge Kelly reaffirmed two fundamental principles. The protection of asylum seekers fleeing for safety is intertwined with our national values and that the United States is a country where the rule of law cannot be tossed aside for political whims,” Cubas said.
Read the full opinion below:
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