THE SUPREME COURT IS ON A ROLL AND GETS IT RIGHT AGAIN
Hali Marsocci and Corey B. Friedman
The U.S. Supreme Court issued another opinion this week – today’s ruling is a big win for legal immigrants. As part of President Donald Trump’s immigration plan, he and the Trump administration attempted to shut down the Deferred Action for Childhood Arrivals (DACA) program – a program which has allowed nearly 700,000 young people to avoid deportation and remain in the United States. The U.S. Supreme Court’s ruling today ends that plan and is another major blow to the Trump administration.
Thursday’s opinion was mostly authored by Chief Justice John Roberts and was joined by Justice Ruth Bader Ginsburg, Justice Stephen Breyer, Justice Elena Kagan, and Justice Sonia Sotomayor. The decision was authored as a result of the case of Department of Homeland Security v. Regents of the University of California. In his opinion, the Chief Justice wrote: “We do not decide whether DACA or its rescission are sound policies. We address only whether the agency complied with the procedural requirement that it provide a reasonable explanation for its action.” The Court found that the agency did not. While the opinion leaves open the opportunity for the Department to come out with other reasons for its actions, doing so would likely take several months and wouldn’t come to fruition until after the upcoming Presidential election – leaving to wonder whether the Trump Administration and the Department will continue to fight this battle during the current state of our country.
The DACA program was originally announced by President Barack Obama in 2012 with the purpose of allowing young people, known as “Dreamers”, brought to the U.S. as children to apply for a temporary status that shields them from deportation and allows them to work.
Thursday’s decision is the second major ruling reached by the U.S. Supreme Court this week. On Monday, the Court ruled that gay and transgendered workers were protected by Title VII of the Civil Rights Act.
A link to today’s full opinion can be found here: https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf.