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Supreme Court Rules In Favor of DACA Dreamers-
Issues Trump A Sound Defeat !
Immigration Questions: (954) 382-5378
POSTING DATE: June 18, 2020
In a narrowly divided decision today, the Supreme Court issued a stunning defeat to the Trump administration, ruling in favor of the DACA (Deferred Action on Childhood Arrivals) program for Dreamers. This long awaited decision gives much needed hope to some 800,000 young immigrants who were brought to the U.S. at a young age by their parents.
Conservative Chief Justice John Roberts joined liberal justices in a 5-4 decision denying Trump’s current bid to terminate the DACA program on the limited grounds that the Department of Homeland Security had failed to provide a reasoned explanation for its actions and had failed to comply with the procedural requirements for terminating the program.
The opinion found that the Trump administration had "failed to consider the conspicuous issues of whether to retain forbearance,", as well as the tremendous impact the decision would have on DACA recipients who have relied on the program.
For background, in 2012, President Obama issued an Executive Order to protect so called “Dreamers” who were inside the U.S. since June 15, 2007, had entered the U.S. before age 16, were under age 31 on June 15, 2012, and had no major criminal convictions. Under the DACA program, Dreamers received a two year renewable DACA status and work authorization. In response to DACA, states including Texas and others immediately filed lawsuits to stop Obama from instituting the program, which are still working their way through the courts.
However, in keeping with his campaign promises, once Trump took office in 2017, he abruptly cancelled the DACA program on the grounds that Obama illegally issue the order to protect Dreamers. Several states and others affected by the termination filed lawsuits to stop the administration from following through on the plan and were partially successful in holding off a full termination, but were not able to stop the program from ending for new applicants. The administration has been fighting all efforts to save the DACA program for several years and has repeatedly appealed to the conservative majority held Supreme Court, which it believed would rule in Trump’s favor and defeat DACA once and for all.
But to the surprise of many, Chief Justice Roberts saved the day and joined the liberal justices in soundly rebuking the administration’s reasoning for terminating the program and the procedural steps used to eliminate benefits for Dreamers. It’s very important, however, to note that the court did not issue a decision on the merits on whether or not the DACA program itself is legal. Which leaves open the option for Trump to immediately attempt to terminate the program again.
According to experts, 90% of DACA recipients are employed, many possess advanced degrees, own their own business enterprises, employ U.S. workers, have American born children and some 30,000 work on the front lines of the COVID-19 crisis in healthcare professions. This generation of young immigrants are at the heart of our economy and represent the future of our country, we need to give them permanent protections and U.S. Citizenship!
For now, the Supreme Court has provided a much needed life-line for Dreamers, which will likely allow qualifying young immigrants to submit new applications for DACA benefits, at least for a period of time before Trump moves to terminate the program once again, likely after the November election if he wins a second term.....