DACA Survives for Now

On Behalf of | Jun 26, 2020 | Family Immigration

The first time was not “the charm” for the Trump administration. While the President has been able to continue his signature construction of a wall along the U.S.-Mexico border, he was not able to stop an influx of Supreme Court Justices from ruling against a signature, immigration-related Executive Order.

A Dream Deferred

What some consider to be another example of hardline immigration policies, President Donald Trump quashed the “Dreamers” program in 2017. Deferred Action for Childhood Arrivals, the formal name and commonly known as DACA, provided protection from deportation to those illegally entering the U.S. as children accompanied by their parents. The current administration wanted to see an end to the program prior to the upcoming November election.

The program was established by Trump’s predecessor, President Barack Obama, in 2012, also by Executive Order. At the time, passage of bipartisan legislation to significantly change U.S. immigration policies, including protections for Dreamers, failed. Since that time, many have speculated on whether the former President exceeded his constitutional powers.

An Adverse Ruling

The Supreme Court, even with a majority of conservatives, ruled that the actions to end DACA violated the Administrative Procedure Act, a federal law. Chief Justice John Roberts once again sided with the four liberal justices.

The High Court’s decision had little, if anything, to do with the merits of the policy. Instead, the ruling was based on non-compliance with procedures and a lack of “reasoned explanation.” For now, more than 600,000 immigrants enrolled in DACA can not only stay in the country, but also enjoy continued eligibility to secure two-year work permits.

Meanwhile, the Trump Administration is looking at a “do-over” to once-and-for-all end DACA.