WASHINGTON – The supreme Court of the United States ruled on Thursday that the administration Trump could not implement its closure plan for the program of deferred action for arrivals of children, which has helped nearly 800 000 young people, called dreamers, to avoid deportation and remain in the United States.
Chief justice John Roberts was the vote swing in the decision, 5-4, that inflicts a great defeat on the legal president Donald Trump on the issue of immigration, a major focus of its national programme.
Roberts wrote in the decision that the government had not provided adequate justification to put an end to the federal program. The administration may try again to close it by providing a more detailed explanation of his action, but the White House may not want to put an end to a program as popular in the heat of the presidential campaign.
Roberts was joined in the majority by judges, liberals Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Sonia Sotomayor.
“We conclude that the acting secretary has violated the [Administrative Procedure Act] “and that the decision to cancel the DACA” should be cancelled, ” wrote Roberts. In its decision, Roberts said the administration’s decision to Trump the “cancellation” of the DCAD “arbitrary and capricious” .
The heart of the majority opinion of Robert has estimated that Trump had violated the laws governing federal agencies when it brought an end to DACA because the memorandum, which recommended its deletion did not address the parties at issue of the policy.
In addition, all the judges of the majority, with the exception of Sotomayor, rejected the argument advanced by the parties who have brought the matter before the supreme Court according to which the decision of the administration to terminate the DACA was motivated by discrimination against Latinos.
Critically, however, Roberts has pointed out in its decision that it was not necessarily unconstitutional for the administration to Trump to put an end to the DACA, but the way it was.
The chief justice emphasized towards the end of his opinion that the administration department of homeland security could simply review its legal strategy on how to resolve the DCAD in the future.
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“The appropriate remedy is to refer to the DHS so that it can reconsider the issue,” wrote Roberts.
Conservative judges Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh have filed notices that were consistent with the parties of the majority and with parts of the dissent – several pointing out that the majority’s decision simply returns the issue to the administration.
“The Court still does not resolve the question of the cancellation of the DACA,” wrote Alito in his dissent. “Instead, he says the Department of homeland security to go back and try again. “
Thomas, in his dissent, wrote: “The decision today should be recognized for what it is: an effort to avoid a politically controversial decision, but legally correct. The Court could specify that the solution sought by the respondents should come from the legislature. “
The decision has been widely welcomed by various democratic lawmakers, business leaders and advocacy groups for the rights of immigrants.
The minority leader in the senate Chuck Schumer, D-N. Y., was choked to the Senate a few moments after the supreme Court announced its decision.
Schumer said he “cried tears of joy” and described the decision, as well as the court order, issued Monday, that the federal law prohibited discrimination in employment based on sexual orientation or status as transgendered, ” a ray of bright sunshine “.
“Who would have thought,” he said several times, noticing that ” wow ” several times.
The CEO of Apple, Tim Cook, has welcomed the decision, tweeting: “We are pleased with today’s decision and will continue to fight until the protections of DACA to be made permanent. “
And the National Immigration Law Center, tweeted: “VICTORY “.
Immigration lawyers have told the supreme Court after the case had been discussed last fall that agents of first-line health involved in the response to the epidemic, coronaviruses were approximately 27 000 beneficiaries of DACA, “including dentists, pharmacists, medical assistants, caregivers, home technicians” and nearly 200 medical students.
“The termination of the DACA during this national health emergency would be catastrophic,” they said in a file submitted on 2 April. The Association of American Medical Colleges has reported to the court last fall – well before the crisis pandemic – that the United States was not prepared ” to fill the loss that would result if the beneficiaries of the DACA were excluded from the health personnel “.
The court stated that the Department of Homeland Security had not acted correctly when it ordered the end of the program in 2017. In response to legal challenges, court decisions below have allowed DACA to continue, allowing the youth of the program to submit a new application every two years and stay under his protection. The children of illegal immigrants were allowed to stay here if they were under the age of 16 years old when their parents brought them to the United States and if they arrived by 2007.
Advocates of DACA had argued that federal law required that the administration Trump gives a detailed explanation before you try to close the program – an action that would affect hundreds of thousands of people and the companies that employ them. Instead, they said, the government has simply declared the program illegal. More than 100 groups of companies, including Apple and Microsoft, have sought to preserve the DACA, claiming that many of their employees were part of the program.
The figures show that more than 90% of participants in the DACA have a job. Almost half are enrolled in school. Many do not speak the language or are not familiar with the culture of their country of origin.
Among them, Claudia Quinonez of Maryland, brought to the United States at the age of 11 years by his mother, who has exceeded the time limit of tourist visa.
“DACA has really changed my life. I have a social security number. I have the ability to work, contribute and pay taxes “, she said.