On Thursday, June 18, the Supreme Court ruled in a five-to-four decision that this administration’s efforts to end President Obama’s 2012 executive order known as Deferred Action for Childhood Arrivals (“DACA”) was unlawful in that the way DHS implemented it’s termination was arbitrary and capricious.
DACA was an executive order aimed at protecting from deportation the nearly 700,000 undocumented aliens who were brought to the United States as children and who have satisfied other requirements (“Also Known as Dreamers”), after the Dream Act, a bill that Congress failed to pass, which would have provided those same undocumented aliens with Lawful Permanent Resident Status.
In the decision, Chief Justice John G. Roberts Jr., who was joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan, stated:
“The dispute before the court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so … We address only whether the [Department of Homeland Security] 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.”
It is unclear whether or not the administration will renew its efforts to end DACA at this time, so close to the National election in November.