Thursday, June 18, 2020, the Supreme Court decided to block the Trump administration’s attempt to end DACA, or the Deferred Action For Childhood Arrivals. The Obama administration introduced the program several years ago, and its function is protecting the children of immigrants who entered this country illegally from deportation.
Most people did not see this decision coming, however, traditionally conservative Chief Justice John Robers voted in accordance with the four liberal Justices, Stephen Breyer, Elena Kagan, Ruth Bader Ginsburg, and Sonia Sotomayor. In his opinion, Roberts says, “We do not decide whether DACA or its rescission are sound policies.” He continued, “‘The wisdom’ of those decisions ‘is none of our concern.’ We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
Associate Justice Clarence Thomas, conversely, wrote in his dissenting opinion, “The majority does not even attempt to explain why a court has the authority to scrutinize an agency’s policy reasons for rescinding an unlawful program under the arbitrary and capricious microscope. The decision to countermand an unlawful agency action is clearly reasonable. So long as the agency’s determination of illegality is sound, our review should be at an end.”
While those who are protected under DACA rejoice, the truth is, the win may not hold up forever, as the Trump administration may still work to eliminate the program in the future. That being said, to do so, the administration will have to provide a more policy-grounded explanation. In many respects, the administration does have the right to wind down the program, however, the reasoning they provided for terminating DACA (essentially that it was illegal from its conception) is not viable.
If you would like to know more about this decision and how it may affect your legal status, give our experienced Wisconsin immigration attorneys a call today. We are always here to help you through any phase of your journey to citizenship here in the United States.
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John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.