U.S. Supreme Court swats Trump’s attempts to end DACA
STEPHON JOHNSON | 6/25/2020, midnight
DACA recipients and supporters have a win...for now.
Last week, the U.S. Supreme Court rejected Pres. Donald Trump’s attempt to end the Deferred Action for Childhood Referrals (DACA) executive order from President Barack Obama. In a 5-4 decision, Supreme Court Justice John Roberts joined the four liberal justices in swatting down Trump’s attempts to end the program for good.
In the majority statement, Roberts said that considering legislation as sound policies is none of the Supreme Court’s business and that other issues should’ve been brought to the forefront to contest the executive order.
Roberts said that the Department of Homeland Security “failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner.”
Higher ups at United We Dream Action, who purport themselves to be the “largest immigrant youth-led community in the country,” said that the legal win is nice, but the fight’s not over and they will continue to fight against white supremacy and anti-Black racism.
“While this win will bring temporary relief to immigrant youth and our families who have been living in limbo since Trump ended DACA in 2017, our fight is not done,” said Greisa Martinez Rosas, DACA recipient and Deputy Executive Director of United We Dream Action. He said the decision “follows weeks of courageous uprising by Black people and allies to demand justice for the continued murders of Black people. We are in solidarity with Black people and Black immigrants who are calling for the defunding of police.
“We know that the police, and the deportation force of ICE and CBP were born of white supremacy and anti-Blackness and must be defunded,” Rosas concluded.
Rosas isn’t the only one staying on her toes. Arisaid Gonzalez Porras, a Georgetown University student and a DACA recipient, appreciates the current ruling but is prepared to fight another legal challenge by the Trump administration when the moment comes.
“I was 16 years-old when I first got my DACA protections,” said Porras, “in that time, DACA has allowed me to dream big, it has allowed me to travel, to work, to feel like the rest of my peers. Yet, this is not enough. DACA is still only a temporary permit and doesn’t protect the over 11 million undocumented people living in this country. This decision does not mean the Trump administration will not attempt to rescind the program again, and we need all our state and local elected officials to take action to protect DACA recipients in their communities.”
But the Trump administration marches on. During a White House press briefing, White House Press Secretary Kayleigh McEany said that the Supreme Court’s decision confirmed that Trump was in the right, but lost based on a technicality and will refile paperwork in its attempt to end DACA.
“...[T]his was a situation where you had all of the justices saying that Pres. Trump was essentially right on the law on DACA,” McEany said. “But you had the majority, in the majority opinion, quote, ‘the dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may…’ be rescinded. His dispute is instead primarily about the procedure the agency followed in doing so.