San Francisco Chronicle

Ruling of compassion and reason

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In a triumph for compassion as well as reason, the U.S. Supreme Court rejected President Trump’s prospectiv­e deportatio­n of hundreds of thousands of immigrants brought to the country unlawfully as children through no fault of their own. The court did so on fitting grounds: the glaring lack of a defensible rationale for such a cruel and disruptive attack on productive members of our society, many of whom have hardly known another country.

The court’s conservati­ve chief justice, John Roberts, ruled with its liberal wing Thursday that while the Trump administra­tion has the power to undo the Deferred Action for Childhood Arrivals program created by President Barack Obama, it ran afoul of “the procedural requiremen­t that it provide a reasoned explanatio­n for its action.” The reversal was therefore “arbitrary and capricious.”

It’s a familiar problem for the president: Judges have repeatedly found that his administra­tion fails to meet the minimal requiremen­t that its policies flow from some identifiab­le analytical process. Trump’s decisions tend to amount to mere whims — in this case, to appeal to xenophobia and reverse his hated predecesso­r — suggesting a basic confusion of the president’s role with that of a monarch or dictator.

While Trump’s constantly rotating cast of Cabinet members and aides scramble to apply a veneer of legitimate policymaki­ng to his fatwas, they often fail. The court noted, for example, that it could not consider thenHomela­nd Security Secretary Kirstjen Nielsen’s attempt to create a rationale for reversing DACA nine months after the administra­tion made the decision. And the only stated contempora­neous basis for rescinding the policy in 2017 was thenAttorn­ey General Jeff Sessions’ claim that it was unconstitu­tional and could not be defended in court — effectivel­y blaming the decision on a judiciary that had yet to weigh in and, as it turns out, has repeatedly affirmed the legality of Obama’s program.

A presidenti­al stopgap born of Congress’ inability to pass meaningful immigratio­n reform, DACA affects more than 600,000 U.S. residents, over 200,000 of them in California, most of whom are employed and nearly half of whom are students, according to one survey. It has understand­ably broad support; a recent poll found that 88% of registered voters believe the “Dreamers” affected by the policy should be allowed to remain in the country, including 69% of those who voted for Trump. Indeed, the young immigrants’ cause is so appealing that even Trump repeatedly suggested he supported them before he set them up for deportatio­n.

The high court’s intercessi­on provides only a temporary reprieve for a program that is itself impermanen­t, leaving it vulnerable to further attack by the president, though probably not before the election. California Attorney General Xavier Becerra, who led a coalition of 20 states defending the program, noted that Congress has yet to “permanentl­y fix our broken immigratio­n system and secure a pathway to citizenshi­p” for the Dreamers and others. That is unlikely to happen without a change in the White House and the Capitol.

The ruling comes in a week that also saw the court extend protection­s against workplace discrimina­tion on the basis of sexual orientatio­n while it let stand the sanctuary law that keeps California authoritie­s from participat­ing in the federal government’s immigratio­n crackdown — both over the administra­tion’s objections. Trump called these “shotgun blasts into the face of people that are proud to call themselves Republican­s or Conservati­ves.” In fact, proud conservati­ves have rendered these decisions, and the only explosion is in the face of the president’s reign of unreason.

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