Supreme Court rules against Trump administration bid to end DACA program
This thread will be a legal analysis of the SCOTUS decision and a SCRIBs link to the decision is at the link above. If I get a pdf version I will post that.
Someone else will likely start a thread where people can talk about how they feel about the decision.
In a 5-4 decision, with Chief Justice John Roberts joining the liberal members to author the opinion, the court said the move to eliminate the program that grants privileges to children who entered the U.S. illegally as minors was "arbitrary and capricious," although they did not rule on the merits of the program itself.
"We do not decide whether DACA or its rescission are sound policies. 'The wisdom' of those decisions 'is none of our concern,'" Roberts wrote in his opinion. "We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action."
Roberts wrote that the administration "failed to consider the conspicuous issues of whether to retain forbearance," as well as the impact the decision would have on DACA recipients who have relied on the program.
"That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner," Roberts wrote. "The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew."
Justice Clarence Thomas wrote the dissent, saying: "These cases could—and should—have ended with a determination that his legal conclusion was correct. Instead, the majority today concludes that DHS was required to do far more."
He continued: "Without grounding its position in either the APA or precedent, the majority declares that DHS was required to overlook DACA’s obvious legal deficiencies and provide additional policy reasons and justifications before restoring the rule of law. This holding is incorrect, and it will hamstring all future agency attempts to undo actions that exceed statutory authority. I would therefore reverse the judgments below and remand with instructions to dissolve the nationwide injunctions.”
At issue was a program created under executive order that gave about 700,000 people brought to the United States illegally as children the opportunity to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.