Justice Brett Kavanaugh Brett Michael Kavanaugh Stakes high for Supreme Court as Trump battles for reelection Press: Harris pick is a window into Biden presidency Trump looks for love in … Nicholas Kamm/AFP via Getty Images "This ruling usurps the clear authority of the executive branch to end unlawful programs.”Joe Biden called the ruling a victory that was “made possible by the courage and resilience of hundreds of thousands of DACA recipients who bravely stood up and refused to be ignored.”Biden, the presumptive Democratic nominee, vowed, if elected, to “immediately work to make it permanent by sending a bill to Congress on Day One of my administration.”Senate Minority Leader Chuck Schumer, D-N.Y., choked up on the Senate floor moments after the Supreme Court announced its decision.Schumer said he “cried tears of joy” and called the decision, as well as “Who would’ve thought,” he said repeatedly, remarking "wow" several times.Apple CEO Tim Cook lauded the decision, tweeting, "We're glad for today’s decision and will keep fighting until DACA’s protections are permanent."U.S. Nor did the acting secretary of homeland security at the time, Elaine Duke, who put out a memo announcing the rescission of DACA that relied entirely on Sessions' opinion that the program was unlawful.As Roberts noted, Duke's memo didn't address the fact that thousands of young people had come to rely on the program, emerging from the shadows to enroll in degree programs, embark on careers, start businesses, buy homes and even marry and have 200,000 children of their own who are U.S. citizens, not to mention that DACA recipients pay $60 billion in taxes each year.None of these concerns are "dispositive," Roberts said, but they have to be addressed. "Among them is Claudia Quinonez of Maryland, brought to the U.S. at age 11 by her mother, who overstayed a tourist visa. "The Court still does not resolve the question of DACA’s rescission," Alito wrote in his dissent.
"But aside from the president, lots of Republicans are relieved as well. And none of the justifications the administration offered after the fact sufficed either, including a memo issued by then-Secretary of Homeland Security Kirstjen Nielsen. "Instead, the majority has decided to prolong DHS’ initial overreach by providing a stopgap measure of its own," he wrote. Chief Justice John Roberts was the swing vote in the 5-4 decision, dealing a big legal defeat to President Trump on the issue of immigration. An agency must defend its action based on the reasons it gave at the time it acted, he said, instead of when the case is already in court.Roberts made clear that an administration can rescind a program like DACA, and indeed immigration experts don't disagree with that bottom line. "Thomas, in his dissent, wrote, "Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision." "DACA truly changed my life. "We do not decide whether DACA or its rescission are sound policies," Roberts wrote.
Instead, they said, the government simply declared the program illegal. ""The American people deserve to have the Nation’s laws faithfully executed as written by their representatives in Congress — not based on the arbitrary decisions of a past administration," Wolf said in a statement. ... Supreme Court blocks Trump from ending DACA … The problem for the administration was that it never wanted to take responsibility for abolishing DACA and instead sought to blame the Obama administration for what it called an "illegal and unconstitutional" program.The chief justice didn't address that issue. The Association of American Medical Colleges told the court last fall — well before the pandemic crisis — that the U.S. is unprepared "to fill the loss that would result if DACA recipients were excluded from the health care workforce. "The wisdom of those decisions is none of our concern. If given the opportunity, I will only choose from this list, as in the past, a Conservative Supreme Court Justice...Later Thursday, acting Homeland Security Secretary Chad Wolf said "the DACA program was created out of thin air and implemented illegally. Just months after taking office, Trump moved to revoke the program, only to be blocked by lower courts — and now the Supreme Court.Roberts' opinion for the court was a narrow but powerful rejection of the way the Trump administration went about trying to abolish the program known as Deferred Action for Childhood Arrivals, or DACA. The court decided that the way Trump went about canceling DACA was illegal, but all the justices seemed to agree that the president does have the authority to cancel the program if done properly.As for the immediate future of DACA, the consensus among immigration experts is that there is not enough time for Trump to try again to abolish the program before January. We are lucky as a country to have them. But she thinks that will change now.