Calgary Herald - - NP - LAWRENCE HUR­LEY


Supreme Court on Thurs­day dealt Pres­i­dent Don­ald Trump a ma­jor set­back on his hard­line im­mi­gra­tion poli­cies, block­ing his bid to end a pro­gram that pro­tects from de­por­ta­tion hun­dreds of thou­sands of im­mi­grants — of­ten called “Dream­ers” — who en­tered the United

States il­le­gally as chil­dren.

In a 5-4 vote the top court up­held lower court rul­ings that found that Trump’s 2017 move to re­scind the De­ferred Ac­tion for Child­hood Ar­rivals (DACA) pro­gram, cre­ated in 2012 by his Demo­cratic pre­de­ces­sor Barack Obama, was un­law­ful.

Con­ser­va­tive Chief Jus­tice John Roberts joined the court’s four lib­er­als in find­ing that the ad­min­is­tra­tion’s ac­tions were “ar­bi­trary and capri­cious” un­der a fed­eral law called the Ad­min­is­tra­tive Pro­ce­dure Act.

The rul­ing means that the roughly 649,000 im­mi­grants, mostly young His­panic adults born in Mex­ico and other Latin Amer­i­can coun­tries, cur­rently en­rolled in DACA will re­main pro­tected from de­por­ta­tion and el­i­gi­ble to ob­tain re­new­able two-year work per­mits.

The rul­ing does not pre­vent Trump from try­ing again to end the pro­gram. But his ad­min­is­tra­tion is un­likely to be able to end DACA be­fore the Nov. 3 elec­tion.

“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,” Roberts wrote.

The rul­ing marks the sec­ond time this week that Roberts has ruled against Trump in a ma­jor case fol­low­ing Mon­day’s de­ci­sion find­ing that gay and trans­gen­der work­ers are pro­tected un­der fed­eral em­ploy­ment law.

“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,” Trump wrote on Twit­ter af­ter the DACA rul­ing.

The court’s four other con­ser­va­tives in­clud­ing two Trump ap­pointees, Neil Gor­such and Brett Ka­vanaugh, dis­sented. “To­day’s de­ci­sion must be rec­og­nized for what it is: an ef­fort to avoid a po­lit­i­cally con­tro­ver­sial but legally cor­rect de­ci­sion,” Jus­tice Clarence Thomas wrote in dis­sent.

Thomas, whose dis­sent was joined by Gor­such and Jus­tice Sa­muel Al­ito, said DACA it­self was “sub­stan­tively un­law­ful.”

Trump’s ad­min­is­tra­tion has ar­gued that Obama ex­ceeded his con­sti­tu­tional pow­ers when he cre­ated DACA by ex­ec­u­tive ac­tion, by­pass­ing Congress.

Af­ter Thurs­day’s rul­ing, Obama wrote on Twit­ter, “We may look dif­fer­ent and come from ev­ery­where, but what makes us Amer­i­can are our shared ideals.

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