Calgary Herald

U.S. SUPREME COURT RULES IN FAVOUR OF ‘DREAMERS’

- LAWRENCE HURLEY

WASHINGTON • The U.S.

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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