Ayyyeee… What’s Goodie Everyone. So I got some tea and it involves a Supreme Court ruling on DACA and Trump.
The Supreme Court on Thursday rejected the Trump administration’s attempt to dismantle the program protecting undocumented immigrants brought to the United States as children, a reprieve for nearly 650,000 recipients known as “dreamers.”
According to The Washington Post; The 5 to 4 decision, written by Chief Justice John G. Roberts Jr., stunned President Trump, who said in a tweet that it and a ruling earlier this week that federal law protects LGBTQ workers were “shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives.”
The low key ruling was technical, the administration had not provided proper legal justification, he said, for ending the Deferred Action for Childhood Arrivals (DACA) program implemented by President Barack Obama eight years ago. It allows qualified enrollees to work, study and remain in the United States on a renewable permit.
The decision was reminiscent of last term, when Roberts and the court’s liberals blocked the Trump administration from adding a question about citizenship to the Census form sent to every household. They said the administration had not provided the true reason it wanted such information, and it had not properly followed procedure.
In Thursday’s ruling, Sotomayor disagreed with her colleagues in one area. They said DACA recipients do not have grounds to protest that ending the program was discriminatory. She pointed to Trump’s comments about immigrants from Mexico during the campaign and after he took office.
“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,” she wrote.
The court’s four most conservative justices dissented.
Justice Clarence Thomas said he agreed that the program was illegal from the start, and that the court should have recognized this rather than extending the legal fight.
“In implementing DACA, DHS under the Obama administration arrogated to itself power it was not given by Congress,” wrote Thomas, whose dissent was joined by Justice Samuel A. Alito Jr., and Gorsuch.
“Thus, every action taken by DHS under DACA is the unlawful exercise of power. Now, under the Trump administration, DHS has provided the most compelling reason to rescind DACA: The program was unlawful and would force DHS to continue acting unlawfully if it carried the program forward.”
He added: “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.”
Immigration advocates were excited over the court’s actions.
California Attorney General Xavier Becerra (D), who led a coalition of 20 states and the District of Columbia in bringing the challenge, said 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.”
He said Congress should “permanently fix our broken immigration system and secure a pathway to citizenship.”
Former President Barack Obama responded on Twitter: “Eight years ago this week, we protected young people who were raised as part of our American family from deportation. Today, I’m happy for them, their families, and all of us. We may look different and come from everywhere, but what makes us American are our shared ideals,”
And he put in a plug for Democratic presidential nominee Joe Biden, his vice president. He said future reform depends on electing Biden “and a Democratic Congress that does its job.” Biden vowed that, if elected, he would immediately work with lawmakers to establish a “clear road map to citizenship” for all undocumented people living in the U.S.
Politicians on the other side of the issue were elated, even if they were as stunned as Trump seemed to be.
“I cannot the Supreme Court, who would’ve thought, would have so many good decisions in one week, who would’ve thought . . . wow,” said Senate Minority Leader Charles E. Schumer (D-N.Y.), seemingly overcome with emotion.
Nearly 800,000 people over the years have participated in the program. More than 90 percent are employed and 45 percent are in school, according to one government study. Advocates recently told the Supreme Court that nearly 30,000 work in health care and their work was necessary to fighting the coronavirus pandemic.
While the program does not provide a direct path to citizenship, it provides a temporary status that shields them from deportation and allows them to work. The status lasts for two years and can be renewed.
Technically, the Trump administration could restart the process and provide the justification the court’s majority said was required. But the process is long, and there is no evidence Congress would want to pass legislation that would end the program.
In fact, it is quite popular with the public. A Pew Research survey conducted earlier this month found 74 percent of Americans favored granting permanent legal status to immigrants who came illegally to the United States when they were children, while 24 percent opposed.
A 57 percent majority of Republicans and Republican-leaning independents expressed support, as did 89 percent of Democrats. Other polls have found similar results.