Shortly after the ruling was issued, Trump responded in a statement on Twitter by characterizing the top court’s recent decisions as “horrible” and “politically charged.”
He said that he will seek a “legal solution on DACA, not a political one” that is consistent with the rule of law.
“The DACA decision, while a highly political one, and seemingly not based on the law, gives the President of the United States far more power than EVER anticipated. Nevertheless, I will only act in the best interests of the United States of America!” he said.
The Supreme Court ruling represents a setback for the Trump administration and for the president, who had made illegal immigration a priority in his 2016 election campaign.
The DACA program was created by a 2012 executive order signed by former President Barrack Obama. The program temporarily shields these young unauthorized immigrants from deportation and provides them with benefits such as work authorization and eligibility for a driver’s license and health insurance.
The order was made after failed negotiations on immigration reform at Capitol Hill.
DACA defenders say that the recipients should not be faulted for their parents’ decision to violate U.S. immigration laws to bring them into the country. They argue that there would be a number of social and economic costs should the program end. They say many of these recipients have contributed to the U.S. economy and removing the program would threaten the nation’s future workforce and impose massive costs to employers who currently employ these people. Proponents have also dressed up the program as a routine exercise of prosecutorial discretion in order to justify its legality.
Opponents have also taken issue with the fact that DACA grants benefits to these recipients ahead of other immigrants who are toiling through legal channels to gain immigration and naturalization in the United States.
The Supreme Court case centered around arguments of whether the Trump administration’s rescission of the program in 2017 was subject to judicial review and whether that decision was “arbitrary and capricious” under the federal law known as the Administrative Procedure Act (APA).
“The dispute before the Court is not whether [the Department of Homeland Security] may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so,” Chief Justice Roberts wrote in the majority opinion. He was joined by, in full or in part, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.
Roberts said that the court’s ruling did not “decide whether DACA or its rescission are sound policies” but rather 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 wrote. “That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”
In a dissent, Justice Clarence Thomas, joined by Justices Samuel Alito and Neil Gorsuch, argued that DACA was illegal from its inception, which makes it “anything but a standard administrative law case.” He said that as long as DHS’s determination that the illegality is sound, the court’s review should be concluded.
“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Clarence wrote. “The Court could have made clear that the solution respondents seek must come from the Legislative Branch. Instead, the majority has decided to prolong DHS’ initial overreach by providing a stopgap measure of its own.”
Meanwhile, Justice Brett Kavanaugh wrote a separate opinion concurring in part and dissenting in part because he did not agree with the court’s treatment of former Homeland Security Secretary Kirstjen Nielsen’s 2018 memo, which defended the move to revoke DACA.
Pelosi also added that she hopes Congress would come together “to talk about ... comprehensive immigration reform,” when asked about a deal on DACA.
Trump added in a subsequent Twitter post that he will be releasing a new list of conservative Supreme Court Justice nominees by Sept. 1, noting that many may already be on the list.