The Supreme Court ruled that the Deferred Action for Childhood Arrivals (DACA) program would be upheld against President Trump’s repeal attempt on the grounds that Trump failed to “analyze or to explain two aspects of DACA repeal.” In 2012, the Obama administration introduced the DACA bill, which provided deportation protection for 700,000 children of illegal immigrants. The Trump administration announced in 2017 that it would end the DACA program, stating that Obama’s executive order was not legal and only Congress could do so.
The Left agrees with the Court. Justice John Roberts, a conservative who sided with the four liberal justices in the case, argues that Trump’s current reasoning is unjustified. “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 reasoned explanation for its action,” stated Roberts. The Left believes “dreamers” – young immigrants who were illegally brought to the US as children and are named after the DREAM Act – benefit and strengthen our nation and deserve protection in “the only country they’ve ever called home.”
“How the federal government acts matters almost as much as, and sometimes more than, what it does. Laws, rules, and norms need to be followed. Decisions need to be explained and justified in ways that make sense.”The Week newspaper
The Right does not support the ruling. Justice Clarence Thomas stated, “[DACA] was unlawful from its inception. 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.” Rosemary Jenks, a director for NumbersUSA, said of Obama’s executive order creating DACA, “Clearly, an illegal policy must be reversed in order to restore the rule of law.” They argue that the president needs congressional approval to enact immigration policies.
“[Roberts] is encouraging the executive branch, not the legislature, to make the laws…Roberts’s reasoning is problematic for several reasons. The most important is that he’s choosing to avoid the principal question at stake: Is DACA constitutional or not?”Kaylee McGhee, Washington Examiner
If Obama can do #DACA by executive order, why can’t Trump undo it by the same mechanism? The #SupremeCourt has some explaining to do, and Chief Justice Roberts’ desire to be invited to all the best Georgetown cocktail parties will not suffice— Dinesh D’Souza (@DineshDSouza) June 18, 2020