The Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, his second stunning election-season rebuke from the court in a week after Monday’s ruling that it’s illegal to fire people because they’re gay or transgender.
For now, the young immigrants retain their protection from deportation and their authorization to work in the US.
The 5-4 outcome, in which Chief Justice John Roberts and the four liberal justices were in the majority, seems certain to elevate the issue in Trump’s campaign, given the anti-immigrant rhetoric of his first presidential run in 2016 and immigration restrictions his administration has imposed since then.
The justices rejected administration arguments that the 8-year-old Deferred Action for Childhood Arrivals Program is illegal and that courts have no role to play in reviewing the decision to end DACA. The program covers people who have been in the US since they were children and are in the country illegally. In some cases, they have no memory of any home other than the US
Trump didn’t hold back in his assessment of the court’s work, hitting hard at a political angle.
“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. We need more Justices or we will lose our 2nd Amendment & everything else. Vote Trump 2020!” he wrote on Twitter, apparently including the LGBT ruling as well.
In a second tweet, he wrote, “Do you get the impression that the Supreme Court doesn’t like me?”
Roberts wrote for the court that the administration did not pursue the end of the program properly.
“We do not decide whether DACA or its rescission are sound policies,” 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.”
The Department of Homeland Security can try again, he wrote. But any new order to end the program, and the legal challenge it would provoke, would take months, if not longer, immigration experts said.
The court’s four conservative justices dissented. Justice Clarence Thomas, in a dissent joined by Justices Samuel Alito and Neil Gorsuch, wrote that DACA was illegal from the moment it was created under the Obama administration in 2012. Thomas called the ruling “an effort to avoid a politically controversial but legally correct decision.”
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