When the Supreme Court blocked President Donald Trump’s attempt to end legal protections for young adults brought to the country illegally as children on Thursday, Democrats and the media overstated the importance of the ruling and rejoicing ensued.
Less than twenty-four hours later the president announced that the administration will restart the process, dashing the short-lived hopes of its supporters. Trump indicated he will not be swayed by the “popularity” of the Obama-era Deferred Action for Childhood Arrivals (DACA) program which has allowed almost 800,000 recipients to live and work in the US since 2012.
“The Supreme Court asked us to resubmit on DACA, nothing was lost or won,” he tweeted Friday. “They ‘punted’, much like in a football game (where hopefully they would stand for our great American Flag). We will be submitting enhanced papers shortly in order to properly fulfill the Supreme Court’s ruling & request of yesterday.” he wrote.
Congress has repeatedly failed to agree on and pass legislation that would have protected DACA recipients, despite several attempts. “I have wanted to take care of DACA recipients better than the Do Nothing Democrats, but for two years they refused to negotiate — They have abandoned DACA. Based on the decision the Dems can’t make DACA citizens. They gained nothing!” the president noted.
Chief Justice John Roberts, who wrote the majority opinion, did not dispute that Trump had the power to disband the program, noting instead that the administration’s decision violated the Administrative Procedure Act (APA), which sets out rulemaking procedures for federal agencies.
“The dispute before the Court is not whether [the 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,” Roberts wrote.
He sided with the court’s four liberal judges, branding the administration’s action “arbitrary and capricious,” but noted it was not a violation of the Constitution’s equal protection clause, a blow to proponents.
Trump has been attempting to completely terminate the program since September 2017, arguing that former President Barack Obama lacked the authority to create it using executive action and the program is illegal.
Then-Attorney General Jeff Sessions asked the Department of Homeland Security to wind down the program over the course of six months because it “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date.”
DACA was granted only to aliens whose presence in the United States is unlawful — and unlawful presence is a ground for deportation under 8 USC §1227(a)(1)(B). The government, therefore, can establish deportability simply by establishing that an alien was a DACA participant.
America is unique for allowing people who enter the country illegally to make demands for legal residency using tactics which include public demonstrations and disruption in public places.
DACA recipients do not qualify for federal grants or student loans to go to college, but some have been able to access assistance to pay for their education through organizations that provide support through scholarships and internships for Latino students.
Many DACA recipients complain that US employers deny them jobs despite presenting valid work permits from US Citizenship and Immigration Services. Recruiters at several large corporations have told them they only hire US citizens or immigrants with green cards. Some say they only hire employees whose work permits don’t expire, since DACA must be renewed every two years.
Despite these obstacles many have obtained employment in the public and private sector, shutting legal immigrants and American citizens out of critical opportunities. Now that the US unemployment rate exceeds 14 percent Americans may finally overwhelmingly support ending a program that will only encourage more migrants to breach our borders and flout our immigration laws.