The Supreme Court Thursday ruled against President Trump’s move to end the Deferred Action for Childhood Arrivals program established by Barack Obama.
Chief Justice John Roberts, joined by his four liberal colleagues, wrote for the court that the administration failed to follow proper procedures in doing so.
“We do not decide whether DACA or its rescission are sound policies,“ Roberts wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.
“The dispute before the Court is not whether DHS 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.
Justice Clarence Thomas, in a dissent joined by Justices Samuel Alito and Neil Gorsuch, wrote that DACA was illegal. Justice Brett Kavanaugh wrote a separate opinion saying the administration had acted properly.
Obama created the program by executive fiat after Congress refused to pass it.
“In a 5-4 opinion written by the Chief, the Court demonstrates that it is willing to change its standard of review of executive action when the president is named Trump. This is nothing more than a double standard,” said Carrie Severino, president of the conservative Judicial Crisis Network.
That response suggests that Trump is going to be able to use the decision as an effective weapon during the campaign. He can use it to make the case both for the need to restrict immigration and the urgency of appointing conservatives to the Supreme Court.
“I cried tears of joy,” said Senate Minority Leader Chuck Schumer on the Senate floor.