The Supreme Court ruled 5-4 that President Donald Trump’s administration cannot cancel DACA.

Chief Justice John Roberts and other liberal judges wrote the opinion.


The five judges decided “that the administration’s decision to rescind the Deferred Action on Childhood Arrivals (DACA) program violated the Administrative Procedure Act.”

From Fox News:

“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.”

In other words, the administration can try again to end DACA. The officials just need to find other reasons.

Justice Clarence Thomas wrote in the dissent:

“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.”

Trump responded:

President Barack Obama unveiled the DACA program in 2012, which provides “protection from deportation and work permits for people who arrived in the U.S. before they turned 16 and satisfied other conditions, including being a student or graduate and having no significant criminal record.”


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