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| University of California students traveled to Washington to support DACA. |
The US Supreme Court narrowly ruled against Donald Trump on Thursday in his attempt to overturn the Deferred Action for Childhood Arrivals, or DACA instituted by President Barack Obama that allowed participants to remain in the US.
The ruling will protect hundreds of thousands of young immigrants who have been shielded from deportation and allowed to receive work permits under the program. There were about 700,000 DACA recipients at the time Trump ordered the program to wind down in September 2017.
For the 1.5 million people in this country who live with a DACA recipient, it means relief that their family members can continue to stay in the country they call home without fear and constant threats of deportation.
"We applaud the Supreme Court for stating that the Department of Homeland Security’s decision to end DACA is 'arbitrary and capricious' and its decision to allow the Deferred Action for Childhood Arrivals (DACA) program to continue for the time being," said Asian American Advancing Justice in a press release.
"DACA has positively changed the lives of more than 800,000 young people in this country, allowing them to live temporarily without fear, and pursue their academic and career goals," the legal advocacy group said.
It has been eight years since the creation of the Deferred Action for Childhood Arrivals (DACA) program. Since its inception in 2012, DACA has granted protections to nearly 700,000 undocumented youth who were brought to this country as children, allowing them to stay and work in the United States without fear of deportation. The program was rescinded in September 2017 by the Trump Administration and the Supreme Court is expected to rule this month on whether the program can remain in place.
The ruling on DACA was the third major decision that went against the Trump administration this week. Besides DACA, the justices upheld the civil rights of LGBTQ community and refused to hear efforts to overturn the sanctuary policies adopted by cities and states to protect their immigrant communities.
Conservative Chief Justice John Roberts was the deciding the decision joinging the court’s liberals, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. He also authored the 5-4 opinion limiting the ruling to procedural inadequacies. Roberts reasoned that the Trump administration’s termination of the program was “arbitrary and capricious,” in violation of federal law that governs administrative procedure.
“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,’” 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,” Roberts added. “That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner.”
California was one of the states that challenged the DOJ's case against DACA. “Today’s decision is an important victory, for now, for the hundreds of thousands of Dreamers — including over 200,000 Californians — who contribute deeply to their communities each day," said Gov. Gavin Newsom. "They are our neighbors, our coworkers and our friends, and in California, we will continue to have their backs.
“We need a permanent solution for undocumented Californians and acknowledge that a pathway to citizenship is not enough. This moment reminds us we are confronting the systemic injustice and racism that exists within our nation and institutions. We will fight for everyone to be treated with dignity and respect.”
"The Supreme Court’s refusal provides a reprieve for DACA recipients, but it by no means takes away the urgent need for Congress to come up with a legislative solution," said the ACLU.
It has been eight years since the creation of the Deferred Action for Childhood Arrivals (DACA) program. Since its inception in 2012, DACA has granted protections to nearly 700,000 undocumented youth who were brought to this country as children, allowing them to stay and work in the United States without fear of deportation. The program was rescinded in September 2017 by the Trump Administration and the Supreme Court is expected to rule this month on whether the program can remain in place.
The ruling on DACA was the third major decision that went against the Trump administration this week. Besides DACA, the justices upheld the civil rights of LGBTQ community and refused to hear efforts to overturn the sanctuary policies adopted by cities and states to protect their immigrant communities.
Conservative Chief Justice John Roberts was the deciding the decision joinging the court’s liberals, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. He also authored the 5-4 opinion limiting the ruling to procedural inadequacies. Roberts reasoned that the Trump administration’s termination of the program was “arbitrary and capricious,” in violation of federal law that governs administrative procedure.
“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,’” 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,” Roberts added. “That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner.”
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SCREEN CAPTURE / TWITTER / MSNBC
DACA participants gathered on the steps of the Supreme Court after today's ruling and changed: "Home is here!" |
“We need a permanent solution for undocumented Californians and acknowledge that a pathway to citizenship is not enough. This moment reminds us we are confronting the systemic injustice and racism that exists within our nation and institutions. We will fight for everyone to be treated with dignity and respect.”
While the Thursday ruling gives a temporary reprieve for DACA, Robert's narrow ruling opens the door for the Trump administration to try to dismantle the program by presenting a better argument.
"The Supreme Court’s refusal provides a reprieve for DACA recipients, but it by no means takes away the urgent need for Congress to come up with a legislative solution," said the ACLU.
If the DOJ pursues another argument to dismantle DACA, it would take many months and most likely would not appear before SCOTUS until well after the November elections.
“Today, we celebrate but know that the fight is not over. For nearly three years, DACA recipients have lived in a legal limbo brought on by the Trump administration. The House of Representatives has already passed H.R. 6, the American Dream and Promise Act, and it is incumbent upon the Senate to do the same to permanently protect Dreamers. We won’t rest until Dreamers can.”
What's being said about the Supreme Court's DACA ruling:
Former Vice President Joe Biden
“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. As President, I will immediately work to make it permanent by sending a bill to Congress on day one of my Administration.”
Rep. Judy Chu, D-CA, chair of the Congressional APA Caucus
"... when he rushed to rescind DACA as part of a xenophobic political agenda, Donald Trump injected fear into thousands of families around the country. American children of Dreamer parents were left to worry if their parents would come home at the end of the day, or if this was the day that Donald Trump’s deportation force would come for them. And, just like with his child prison camps, the cruelty was intentional. Donald Trump and Stephen Miller thought that if they were vicious enough to the immigrants already here, it would deter others. But fortunately, the Supreme Court has rejected this hateful approach to governing. Their decision today, while leaving the door open to a future attempt by the President, makes clear that he cannot simply disregard the needs and lives of immigrants.
“But that does not mean our work is done. Dreamers are still vulnerable to a future attack on DACA and that is why it is more important than ever that the Senate follow this decision by finally voting on H.R. 6, the Dream and Promise Act. This bill, which overwhelmingly passed the House and is supported throughout the country, would put an end to the uncertainty and worrying among Dreamers and individuals with temporary protected status (TPS). It would affirm what we all know, that they are as American as you or I and that tearing them from their homes simply because they were born somewhere else is un-American and cruel."
APALA National President and NEA Appointee Monica Thammarath
“We join DACA recipients across the nation, who refuse to trade their safety and well-being for the criminalization of Black, Indigenous, and People of Color, to call for justice for Black lives, and that includes Black immigrants and Black DACA recipients. While this decision will provide much needed relief for immigrants, we must remember that Black immigrants are more likely to be deported than non-Black immigrants because of disproportionate policing. We demand that (1) the government reallocate money in our communities to reinvest in housing, education, economic support, climate justice, healthcare, and mental health services, (2) the federal government defund Immigration, Customs, and Enforcement (ICE) and Customs and Border Patrol (CBP) and (3) Trump to resign.”
South Asian Americans Leading Together executive director Lakshmi Sridaran
“Although it is conditional, today’s victory is welcome at a time when the war on Black communities feels endless ... It is a reminder that our work is not done, but together we can win. We have to keep demanding solutions that benefit us all - including pushing for a permanent, legislative solution that ensures a path to citizenship for all immigrants, defunding Immigration and Customs Enforcement, Customs and Border Protection, and the police, and investing in communities, which are pillars of the Movement for Black Lives policy agenda.”
North American Punjabi Association (NAPA) executive director Satnam Singh Chahal
“Court’s decision is being welcomed in the immigrant’s community throughout the United States and is seen as a blow to a central campaign promise from Trump and a likely topic for the 2020 presidential election.”
Former Vice President Joe Biden
“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. As President, I will immediately work to make it permanent by sending a bill to Congress on day one of my Administration.”
Rep. Judy Chu, D-CA, chair of the Congressional APA Caucus
"... when he rushed to rescind DACA as part of a xenophobic political agenda, Donald Trump injected fear into thousands of families around the country. American children of Dreamer parents were left to worry if their parents would come home at the end of the day, or if this was the day that Donald Trump’s deportation force would come for them. And, just like with his child prison camps, the cruelty was intentional. Donald Trump and Stephen Miller thought that if they were vicious enough to the immigrants already here, it would deter others. But fortunately, the Supreme Court has rejected this hateful approach to governing. Their decision today, while leaving the door open to a future attempt by the President, makes clear that he cannot simply disregard the needs and lives of immigrants.
“But that does not mean our work is done. Dreamers are still vulnerable to a future attack on DACA and that is why it is more important than ever that the Senate follow this decision by finally voting on H.R. 6, the Dream and Promise Act. This bill, which overwhelmingly passed the House and is supported throughout the country, would put an end to the uncertainty and worrying among Dreamers and individuals with temporary protected status (TPS). It would affirm what we all know, that they are as American as you or I and that tearing them from their homes simply because they were born somewhere else is un-American and cruel."
APALA National President and NEA Appointee Monica Thammarath
“We join DACA recipients across the nation, who refuse to trade their safety and well-being for the criminalization of Black, Indigenous, and People of Color, to call for justice for Black lives, and that includes Black immigrants and Black DACA recipients. While this decision will provide much needed relief for immigrants, we must remember that Black immigrants are more likely to be deported than non-Black immigrants because of disproportionate policing. We demand that (1) the government reallocate money in our communities to reinvest in housing, education, economic support, climate justice, healthcare, and mental health services, (2) the federal government defund Immigration, Customs, and Enforcement (ICE) and Customs and Border Patrol (CBP) and (3) Trump to resign.”
“Although it is conditional, today’s victory is welcome at a time when the war on Black communities feels endless ... It is a reminder that our work is not done, but together we can win. We have to keep demanding solutions that benefit us all - including pushing for a permanent, legislative solution that ensures a path to citizenship for all immigrants, defunding Immigration and Customs Enforcement, Customs and Border Protection, and the police, and investing in communities, which are pillars of the Movement for Black Lives policy agenda.”
North American Punjabi Association (NAPA) executive director Satnam Singh Chahal
“Court’s decision is being welcomed in the immigrant’s community throughout the United States and is seen as a blow to a central campaign promise from Trump and a likely topic for the 2020 presidential election.”
Asian Pacific Islander American Health Forum
“Today, DACA recipients and their families can breathe a sigh of relief. Immigrants contribute greatly to our country, including serving on the front lines in combating the COVID-19 pandemic, and none should live in fear of deportation. ... Despite being able to work and reside in the United States, DACA recipients cannot access many of the affordable health care options, provided by the Affordable Care Act. During a time when access to health care is especially critical, this restriction not only jeopardizes DACA recipients’ health, but also increases the risk to their families, communities and public health for all. The Court’s ruling does not provide a permanent fix. We urge that Congress work to find a permanent solution that provides a pathway to citizenship for young immigrants who came to this country as children.”
The Leadership Conference on Civil and Human Rights,, President Vanita Gupta
“We commend the Supreme Court’s decision finding President Trump’s rescission of DACA was unlawful. We fully support the diverse group of nearly 700,000 young immigrants who are instrumental to our society, and we are proud of their many contributions to make this country a better place.
“However, the fight is not over. We must continue to follow the lead of Dreamers and other advocates fighting for a lasting solution that protects DACA recipients and their families. Whether it is the more than 25,000 Dreamers who are health care workers keeping us safe during the pandemic, or the Dreamers marching in solidarity for justice to protest anti-Black racism, DACA recipients are here to stay. As we reimagine the kind of America we want to become, and as we fight to make our country stronger and more just, we should look to Dreamers. We commit to fighting alongside them and ensuring Congress acts immediately so that DACA recipients can finally live in peace and security.
Organization of Chinese Associations–Asian Pacific American Advocates - Executive Director Rita Pin Ahrens“Today, DACA recipients and their families can breathe a sigh of relief. Immigrants contribute greatly to our country, including serving on the front lines in combating the COVID-19 pandemic, and none should live in fear of deportation. ... Despite being able to work and reside in the United States, DACA recipients cannot access many of the affordable health care options, provided by the Affordable Care Act. During a time when access to health care is especially critical, this restriction not only jeopardizes DACA recipients’ health, but also increases the risk to their families, communities and public health for all. The Court’s ruling does not provide a permanent fix. We urge that Congress work to find a permanent solution that provides a pathway to citizenship for young immigrants who came to this country as children.”
The Leadership Conference on Civil and Human Rights,, President Vanita Gupta
“We commend the Supreme Court’s decision finding President Trump’s rescission of DACA was unlawful. We fully support the diverse group of nearly 700,000 young immigrants who are instrumental to our society, and we are proud of their many contributions to make this country a better place.
“However, the fight is not over. We must continue to follow the lead of Dreamers and other advocates fighting for a lasting solution that protects DACA recipients and their families. Whether it is the more than 25,000 Dreamers who are health care workers keeping us safe during the pandemic, or the Dreamers marching in solidarity for justice to protest anti-Black racism, DACA recipients are here to stay. As we reimagine the kind of America we want to become, and as we fight to make our country stronger and more just, we should look to Dreamers. We commit to fighting alongside them and ensuring Congress acts immediately so that DACA recipients can finally live in peace and security.
“On behalf of the 120,000 DACA-eligible Asian Americans and Pacific Islanders, we are heartened by the Supreme Court’s decision to uphold the will of the people and protect young immigrants ... While the Supreme Court decision does not protect DACA forever, it does provide a reprieve for all of the communities waiting with bated breath. To them, we say: we will keep fighting for you, for DACA, and for the human rights of all immigrants.”
Southeast Asian Refugee Action Center, excutive director Quyen Dinh
“Undocumented immigrants are part of the American tapestry and must be afforded the same protections as any other American, especially during this pandemic, where immigrants often serve as essential workers. While we celebrate this important decision, we recognize that our movement must continue to fight for all Americans during this tumultuous time by defunding the police force funneling immigrants into deportation proceedings, providing a permanent pathway to citizenship for all immigrants, and ending deportations for Southeast Asians and other immigrant communities.”
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