On June 18, 2020, the Supreme Court ruled that the Trump Administration behaved improperly when rescinding DACA. In a 5 to 4 decision immigrants receive some relief as the Court calls the Administration’s actions arbitrary and capricious. “We concluded that the total rescission was arbitrary and capricious…The dispute before the court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so.” (Justice Roberts)
The Court’s decision allows for the continuation of the DACA program which will now have to resume new as well as renewable DACA applications.
While we rejoice and give thanks for the relief that the Court’s decision provides immigrants, we must not become mired in celebration. The Court DID NOT rule that the Administration did not have the power and right to rescind DACA, rather that the way in which it did so violated the Administrative Procedures Act (APA). It is important that we continue contact with our representatives to make lasting legislative immigration reform.
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