After what feels like an eternity, the Supreme Court has finally ruled on the Trump administration’s right to rescind former President Barack Obama’s Deferred Action for Childhood Arrivals program.
Except not really. Actually, not at all.
The court on Thursday, led by Chief Justice John Roberts, more accurately shrugged its shoulders.
In the majority opinion, Roberts actually wrote the phrase, “Even if it is illegal for DHS to extend work authorization and other benefits to DACA recipients …”
Even if it is illegal?! That’s what we’ve been waiting for you to tell us!
But instead, the Supreme Court simply determined that while the Trump administration, or any future administration, may be entitled to end the program, it can’t do it the way Trump did it.
“We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action,” the court said. “Here, [DHS] failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. … The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”
So, we’re now back at the beginning in which Trump is now instructed by the worthless Roberts opinion to come up with a new reason to end DACA, spell it out in writing, give the public a chance to respond, respond to that response, and then move forward with doing the thing Trump has the right to do.
And, yes, he has the right. Even the flaming liberal 9th Circuit Court of Appeals has acknowledged that the president has expansive power (“executive discretion”) in immigration enforcement.
Trump can start over, and he should. But who knows if he’ll even get to finish.
Thanks for nothing, Supreme Court!
