Thursday, June 18, 2020, the Supreme Court has made a landmark ruling to block the Trump administration’s attempt to end DACA, or the Deferred Action For Childhood Arrivals. DACA is an Obama-era program and it is made to protect immigrants who are children of parents who entered this country illegally from deportation from the U.S.
The decision came as a surprise to many, as the traditionally-conservative Chief Justice John Robers voted alongside the traditionally four liberal Justices, Stephen Breyer, Sonia Sotomayor Elena Kagan, and Ruth Bader Ginsburg. In the opinion, Roberts stated, “We do not decide whether DACA or its rescission are sound policies.” He continued, “‘The wisdom’ of those decisions ‘is none of our concern.’ We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
That being said, Associate Justice Clarence Thomas wrote the dissenting opinion, in which he states, “The majority does not even attempt to explain why a court has the authority to scrutinize an agency’s policy reasons for rescinding an unlawful program under the arbitrary and capricious microscope. The decision to countermand an unlawful agency action is clearly reasonable. So long as the agency’s determination of illegality is sound, our review should be at an end.”
Furthermore, Associate Justice Brett Kavanaugh wrote in his dissenting opinion, “That uncertainty is a result of Congress’s inability thus far to agree on legislation, which in turn has forced successive administrations to improvise, thereby triggering many rounds of relentless litigation with the prospect of more litigation to come.”
The decision is, no doubt, a win for DACA recipients, however, it is far from a permanent one. The Trump administration most likely has the right to terminate the DACA program, and the central argument here was, essentially, that their reasoning for wanting to terminate the program was not legally-grounded. If you are a DACA recipient, you must keep yourself informed. For any additional questions regarding the immigration process, please do not hesitate to give our knowledgeable New Jersey immigration attorney a call today.
Contact our experienced New Jersey firm
We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.