Lodi News-Sentinel

Supreme Court rules for ‘Dreamers,’ rejects Trump’s repeal attempt

- By David G. Savage

WASHINGTON — In a striking rebuke to President Donald Trump, the Supreme Court on Thursday rejected his plan to repeal the popular Obama-era order that protected so-called Dreamers, the approximat­ely 700,000 young immigrants who were brought to this country illegally as children.

Led by Chief Justice John G. Roberts Jr., the court called the decision to cancel the program known as Deferred Action for Childhood Arrivals, or DACA, arbitrary and not justified. The program allows these young people to register with the government and, if they have a clean criminal record, to obtain a work permit and be assured they will not be deported. At least 27,000 DACA recipients are employed as health care workers.

Trump had been confident that the high court, with its majority of Republican appointees, would rule in his favor and say the chief executive had the power to “unwind” the policy.

But the chief justice joined with the four liberals to rule that Trump and his administra­tion had failed to give an explanatio­n for why it was repealing a popular and widely lauded program, a violation of federal law.

But the justices did not decide that Trump’s repeal violated the Constituti­on or immigratio­n law. Instead, the majority blocked the repeal on the grounds that Trump’s team had failed to explain its rationale as required by the Administra­tive Procedure Act. Adopted in the 1940s in response to the New Deal and the massive growth of government, the act requires officials to explain and justify abrupt changes in regulatory rules.

Usually, the chief justice and the court’s conservati­ves argue for deferring to the federal government on regulatory matters, particular­ly in an area like immigratio­n. But that policy of deference also requires the justices to have confidence in the decisionma­king process within the government.

Thursday’s decision is the latest sign that Roberts, who spent much of January presiding over Trump’s impeachmen­t trial in

the Senate, may be growing increasing­ly skeptical about decisions that come out of the Trump administra­tion.

The decision made for an unusually bad week for Trump and conservati­ves.

On Monday, the court rejected the Trump administra­tion’s position that a 1964 civil rights law should not protect LGBTQ workers from discrimina­tion, and separately it sided with California in a legal battle over so-called sanctuary laws protecting immigrants. The justices also turned down a series of appeals urging the court to expand gun rights.

Until this week, conservati­ves had been confident that they had a lock on the high court with Trump’s two court appointees — Justices Neil M. Gorsuch and Brett M. Kavanaugh. But Gorsuch wrote Monday’s 6-3 opinion upholding civil rights for LGBTQ employees. And Roberts has now joined the liberals to knock down one of Trump’s signature immigratio­n initiative­s.

“Do you get the impression that the Supreme Court doesn’t like me?” Trump tweeted Thursday.

Trump dismissed the ruling as “highly political” and “seemingly not based on the law,” and used it as an opportunit­y to campaign for his reelection. “These horrible & politicall­y charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republican­s or Conservati­ves.”

He said it underscore­d the need to appoint more conservati­ves to the Supreme Court and repeated his promise to only appoint future justices from a list of candidates handpicked and vetted by conservati­ve groups.

The fight over DACA already promised to play big in the 2020 election, with presumed Democratic presidenti­al nominee Joe Biden’s campaign emphasizin­g his commitment to providing a pathway to citizenshi­p for Dreamers as it seeks to mobilize Latino voters in key battlegrou­nd states such as Arizona.

“The Supreme Court’s ruling today is a victory made possible by the courage and resilience of hundreds of thousands of DACA recipients who bravely stood up and refused to be ignored,” Biden said in a statement. “As president, I will immediatel­y work to make it permanent by sending a bill to Congress on day one of my administra­tion.”

Democratic leaders said Thursday that they believe the court’s decision — and Trump’s reaction to it — will motivate Latino voters even more.

“If Donald Trump wins in November, he will end DACA,” said Democratic National Committee Chairman Tom Perez, in a call with reporters. “For every voter who cares about Dreamers, please understand this: The future of Dreamers depends 100% on the outcome of the November election . ... We can’t lift our foot off the gas, and we won’t.”

The DACA case, whose outcome affects the lives and careers of hundreds of thousands of young people, is the most far-reaching immigratio­n dispute to reach the high court during Trump’s tenure.

The decision, in Department of Homeland Security vs. Regents of the University of California, is similar to last year’s ruling that blocked Trump’s plan to add a citizenshi­p question to the 2020 census.

On Thursday, Roberts spoke for the same 5-4 majority, and his opinion follows the same reasoning. The chief justice said Trump’s Homeland Security Department did not put forth a valid reason for revoking the DACA program, just as he said Trump’s Commerce Department did not provide a valid reason for adding the citizenshi­p question.

“We do not decide whether DACA or its rescission are sound policies,” Roberts wrote. “We address only whether the agency complied with the procedural requiremen­t that it provide a reasoned explanatio­n for its action. Here the agency failed to consider the conspicuou­s issues of whether to retain forbearanc­e and what, if anything, to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciate­d the scope of its discretion or exercised that discretion in a reasonable manner.”

 ?? NICHOLAS KAMM/AFP VIA GETTY IMAGES ?? Activists hold a banner in front of the U.S. Supreme Court in Washington, D.C, on Thursday.
NICHOLAS KAMM/AFP VIA GETTY IMAGES Activists hold a banner in front of the U.S. Supreme Court in Washington, D.C, on Thursday.

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