Supreme Court DACA ruling - 'HOME IS HERE'
June 18, 2020 12:09 PM Subscribe
In a 5-4 ruling today in Department of Homeland Security v. Regents of the University of California, Chief Justice John Roberts cast the decisive fifth vote with the court's four liberal justices, saying the Department of Homeland Security's decision to rescind the Deferred Action for Childhood Arrivals program, or DACA, was arbitrary and capricious under the Administrative Procedure Act. (NPR News | Guardian | Washington Post)
Trump tweeted his displeasure with the ruling, framing it as a campaign issue (Reuters). SCOTUSblog noted in its summary:
Trump tweeted his displeasure with the ruling, framing it as a campaign issue (Reuters). SCOTUSblog noted in its summary:
In closing, Roberts reiterated that the court was not deciding “whether DACA or its recission are sound policies.” Instead, he stressed, the court addressed “only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action” – which, in the majority’s view, it did not. The solution, Roberts continued, was for the court to send the issue back to the Department of Homeland Security for it to reconsider and, if it wants to rescind the program again, for it to offer a better explanation.Or, as Vox put it in an article headline, The Supreme Court saved DACA because of a paperwork error by the Trump administration.
In Border Wars, Julie H. Davis and Michael D. Shear wrote about the Trump administration’s decision to rescind DACA, and how Stephen Miller and Jeff Sessions pushed DHS’s Elaine Duke:
posted by sallybrown at 12:29 PM on June 18, 2020 [49 favorites]
Duke had quietly agonized, too. She did not want to terminate DACA, but she knew there was no avoiding it given the inclinations of Trump and his team. She was deeply disappointed that the Dreamers would only have six months of protections, counting it as a personal failure that she hadn’t been able to buy them more time. And there were limits to what Duke was willing to do to help the White House accomplish something she viewed as inhumane. She would issue the memo rescinding the DACA program, but she refused to sign on to the policy reasons Miller and Sessions were pushing for doing so. There would be no mention of the claim that the program encouraged illegal entry and disrupted the normal, legal channels for immigrating to the United States. In other words, no policy rationale would be given for ending the program. Duke would simply refer to prior court decisions and Sessions’s assertion that it was unconstitutional. sourceThat choice just got Miller’s and Sessions’ and Trump’s work blocked. It doesn’t sound like she did it on purpose, more out of shame (well deserved), but who knows...she served at DHS under the last three presidents, she was likely not unfamiliar with the APA. One major theme of these years is how often the Trump Admin’s incompetence has managed to trip up its evil intent.
posted by sallybrown at 12:29 PM on June 18, 2020 [49 favorites]
By whatever juridistic mechanism DACA was saved, hopefully it was saved long enough for us to move the country past this racist president* and his gang of thugs.
The only reasons this happened in the first place were that Trump hates Obama and wanted to dismantle everything he did, and that Trump could also direct the government to persecute non-white people in particularly hostile and cruel ways, this being just one option of many that he elected to pursue.
If this was about immigration policy at all, Trump would have started by kicking Melania Trump out, who committed visa fraud to be in this country. Her green card and citizenship are null and void, because she broke immigration law to be here. Opposition to DACA never had anything to do with enforcing law and was based entirely on where we are culturally as a nation, and those for whom people in power decide to make exceptions.
posted by They sucked his brains out! at 12:37 PM on June 18, 2020 [15 favorites]
The only reasons this happened in the first place were that Trump hates Obama and wanted to dismantle everything he did, and that Trump could also direct the government to persecute non-white people in particularly hostile and cruel ways, this being just one option of many that he elected to pursue.
If this was about immigration policy at all, Trump would have started by kicking Melania Trump out, who committed visa fraud to be in this country. Her green card and citizenship are null and void, because she broke immigration law to be here. Opposition to DACA never had anything to do with enforcing law and was based entirely on where we are culturally as a nation, and those for whom people in power decide to make exceptions.
posted by They sucked his brains out! at 12:37 PM on June 18, 2020 [15 favorites]
Some argued at the beginning of the administration that they were too incompetent to do much damage. In general, I think the reverse has occurred - like a drunk swinging a sledgehammer, the destruction has both intentional and random - but that prediction held in this case.
posted by Mr.Know-it-some at 12:52 PM on June 18, 2020 [12 favorites]
posted by Mr.Know-it-some at 12:52 PM on June 18, 2020 [12 favorites]
Second time this week that it all hinged on Roberts; not a comforting thought.
posted by Iris Gambol at 1:01 PM on June 18, 2020 [5 favorites]
posted by Iris Gambol at 1:01 PM on June 18, 2020 [5 favorites]
If you're referring to Bostock, that didn't hinge on Roberts, it was 6-3. Gorsuch advanced a textualist argument at the end of the day.
This one. Yeah, Roberts, done on purely procedural grounds and non-comforting.
posted by Room 101 at 1:10 PM on June 18, 2020 [9 favorites]
This one. Yeah, Roberts, done on purely procedural grounds and non-comforting.
posted by Room 101 at 1:10 PM on June 18, 2020 [9 favorites]
True, but maybe he's had his Owen Roberts moment and wants to "maintain the legitimacy of the court" in the next administration.
posted by eclectist at 1:14 PM on June 18, 2020
posted by eclectist at 1:14 PM on June 18, 2020
The idea of "immigration" was alien to the Framers, thus the word doesn't appear in the text of the US Constitution although they certainly understood Citizenship.
Then in 1882, after the civil war, the very first "immigration" laws ( 1882's Chinese Exclusion Act ) appear. Clearly unconstitutional given the racial discrimination even in its name, I would like Kavanaugh to explain precisely where he believes Federal authority over this thing called "immigration" comes from.
posted by mikelieman at 1:24 PM on June 18, 2020 [25 favorites]
Then in 1882, after the civil war, the very first "immigration" laws ( 1882's Chinese Exclusion Act ) appear. Clearly unconstitutional given the racial discrimination even in its name, I would like Kavanaugh to explain precisely where he believes Federal authority over this thing called "immigration" comes from.
posted by mikelieman at 1:24 PM on June 18, 2020 [25 favorites]
As recently as last week, first hand information coming here, a co-worker (not on my team but one that I liaison with on a major undertaking at the first part of each and every month) lost her ability to work, have a driver's license, and everything else (legally exist basically) due to her status as a Dreamer and an inability to renew or some other complication that the Trump administration threw at her.
I basically got a phone call from her, very professionally, warning my team that she wouldn't be available come X day, due to this and that we should prepare for the complications this would cause. I had no idea. I was so sad for her and said as much. She was trying to work out her marriage with her fiance in rushed fashion but COVID complications were making that just not enough.
I hope she comes back/is able to come back. It's horrendous what this administration is trying to do. White collar, blue collar, unemployed, young, old, I don't give a shit. These people deserve fair treatment and it's so utterly shameful that they have to live a shadowed life hoping against hope to never get deported to a country that many of them never knew and they may not even speak the language.
I hope this ruling solves her problem in the here and now. That doesn't make it right or nearly enough but it's something.
posted by RolandOfEld at 1:32 PM on June 18, 2020 [30 favorites]
I basically got a phone call from her, very professionally, warning my team that she wouldn't be available come X day, due to this and that we should prepare for the complications this would cause. I had no idea. I was so sad for her and said as much. She was trying to work out her marriage with her fiance in rushed fashion but COVID complications were making that just not enough.
I hope she comes back/is able to come back. It's horrendous what this administration is trying to do. White collar, blue collar, unemployed, young, old, I don't give a shit. These people deserve fair treatment and it's so utterly shameful that they have to live a shadowed life hoping against hope to never get deported to a country that many of them never knew and they may not even speak the language.
I hope this ruling solves her problem in the here and now. That doesn't make it right or nearly enough but it's something.
posted by RolandOfEld at 1:32 PM on June 18, 2020 [30 favorites]
Roberts all but invited the Trump folks to try to kill DACA again, they just had to explain themselves a little better. Does the Trump Administration have time between now and January?
Even with this loss in court Trump's attack on DACA has done so, so much damage. Destabilizing the lives of 700,000 people who just want to live in the US under the terms they were promised.
posted by Nelson at 1:36 PM on June 18, 2020 [9 favorites]
Even with this loss in court Trump's attack on DACA has done so, so much damage. Destabilizing the lives of 700,000 people who just want to live in the US under the terms they were promised.
posted by Nelson at 1:36 PM on June 18, 2020 [9 favorites]
The Boston Globe's headline began with "In a stunning decision...". Stunning? Nothing stunning at all about it. We've known since day one how T operates. I STILL wish the press would stop trying to force him into a narrative that fits them, instead of the other way around.
posted by Melismata at 1:38 PM on June 18, 2020 [4 favorites]
posted by Melismata at 1:38 PM on June 18, 2020 [4 favorites]
Roberts all but invited the Trump folks to try to kill DACA again, they just had to explain themselves a little better. Does the Trump Administration have time between now and January?
I think this decision gives ground for an immediate injunction pending review if they tried it again, and a competent attorney could keep it held up for the remainder of the term.
As for Roberts inviting them to try again - Roberts sucks, but this sort of thing is commonplace in these sorts of opinions. If you're striking something down, you explain by which mechanisms or in which form it would theoretically be acceptable.
posted by Navelgazer at 1:50 PM on June 18, 2020 [3 favorites]
I think this decision gives ground for an immediate injunction pending review if they tried it again, and a competent attorney could keep it held up for the remainder of the term.
As for Roberts inviting them to try again - Roberts sucks, but this sort of thing is commonplace in these sorts of opinions. If you're striking something down, you explain by which mechanisms or in which form it would theoretically be acceptable.
posted by Navelgazer at 1:50 PM on June 18, 2020 [3 favorites]
I have never been more proud of the Regents of the University of California.
posted by heatherlogan at 2:02 PM on June 18, 2020 [2 favorites]
posted by heatherlogan at 2:02 PM on June 18, 2020 [2 favorites]
DACA renewals cost $495 (I think). RolandOfEld, perhaps the company could offer to cover the cost for her, or do a collection?
My Dad has been working for & with DACA recipients ever since he retired. He's been so stressed about this decision-- not as stressed as actual DACA recipients and their families obviously, but still pretty stressed, probably thinking about it every waking hour. He's ecstatic today.
I think we will see a backlash from Miller/Trump. They may order ICE and CBP to go after DACA recipients and their families, making claims of non-existent fraud. Even if that's illegal, they may try it, as they did with legal US visa holders after the Muslim ban, assuming that those on the receiving end will have little or no recourse once they're expelled.
So we should stay vigilant, and donate to help DACA renewals (United We Dream has a DACA renewal fund.)
posted by Pallas Athena at 2:02 PM on June 18, 2020 [12 favorites]
My Dad has been working for & with DACA recipients ever since he retired. He's been so stressed about this decision-- not as stressed as actual DACA recipients and their families obviously, but still pretty stressed, probably thinking about it every waking hour. He's ecstatic today.
I think we will see a backlash from Miller/Trump. They may order ICE and CBP to go after DACA recipients and their families, making claims of non-existent fraud. Even if that's illegal, they may try it, as they did with legal US visa holders after the Muslim ban, assuming that those on the receiving end will have little or no recourse once they're expelled.
So we should stay vigilant, and donate to help DACA renewals (United We Dream has a DACA renewal fund.)
posted by Pallas Athena at 2:02 PM on June 18, 2020 [12 favorites]
The Boston Globe's headline began with "In a stunning decision...". Stunning? Nothing stunning at all about it. We've known since day one how T operates. I STILL wish the press would stop trying to force him into a narrative that fits them, instead of the other way around.
I don't understand. "Stunning" refers to the court's decision, not Trump's conduct.
posted by ultraviolet catastrophe at 2:20 PM on June 18, 2020 [9 favorites]
I don't understand. "Stunning" refers to the court's decision, not Trump's conduct.
posted by ultraviolet catastrophe at 2:20 PM on June 18, 2020 [9 favorites]
Once again I'm going to vote for a lackluster Democratic candidate this November because even the worst Democrat is less antithetical to my beliefs than the best Republican. This country and the people I care about have suffered enough.
posted by tommasz at 2:31 PM on June 18, 2020 [8 favorites]
posted by tommasz at 2:31 PM on June 18, 2020 [8 favorites]
Yes, I believe they meant it's "Stunning" that the right-wing appointed justices didn't lapdog the Ameri-fuhrer. I mean one of them didn't.
posted by Abehammerb Lincoln at 2:32 PM on June 18, 2020 [4 favorites]
posted by Abehammerb Lincoln at 2:32 PM on June 18, 2020 [4 favorites]
Recounting the history of the DACA program, Thomas observed that “the Trump administration rescinded DACA the same way that the Obama administration created it: unilaterally, and through a mere memorandum.” He complained that the majority’s ruling “must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision.” Moreover, he added, the court’s decision will mean that a government agency will be “not only permitted, but required, to continue administering unlawful programs that it inherited from a previous administration.”
If there is one part of this ruling that should give you pause and concern - this is it.
posted by Nanukthedog at 2:49 PM on June 18, 2020 [13 favorites]
If there is one part of this ruling that should give you pause and concern - this is it.
posted by Nanukthedog at 2:49 PM on June 18, 2020 [13 favorites]
I don't think anyone expected Gorsuch to be nakedly partisan in his decisions -- as far as I can tell, he's an ideologue through and through. Right now the Republican party isn't animated by an ideology, just a loose set of cruel fantasies. So Gorsuch's opinion on Title VII a couple days ago didn't surprise me.
The fact that the other judges say DACA is unconstitutional also has its own ideological defense, though I contend it's weak sauce.
It's Kavanaugh who is the party man, from head to toe. A true party loyalist with no discernible ideological spine, just a platform and as such the type of justice I don't think we've seen on the bench for a century.
posted by tclark at 2:53 PM on June 18, 2020 [8 favorites]
The fact that the other judges say DACA is unconstitutional also has its own ideological defense, though I contend it's weak sauce.
It's Kavanaugh who is the party man, from head to toe. A true party loyalist with no discernible ideological spine, just a platform and as such the type of justice I don't think we've seen on the bench for a century.
posted by tclark at 2:53 PM on June 18, 2020 [8 favorites]
One major theme of these years is how often the Trump Admin’s incompetence has managed to trip up its evil intent.
Counterpoint: the list of federal judges appointed by Donald Trump, including way too many incompetent, conservative shills with lifetime appointments, which continued into COVID-19 restricted times.
Send all the good vibes you can spare to RGB. Trump is looking ahead for another conservative SCOTUS pick.
posted by filthy light thief at 3:15 PM on June 18, 2020 [9 favorites]
Counterpoint: the list of federal judges appointed by Donald Trump, including way too many incompetent, conservative shills with lifetime appointments, which continued into COVID-19 restricted times.
Send all the good vibes you can spare to RGB. Trump is looking ahead for another conservative SCOTUS pick.
posted by filthy light thief at 3:15 PM on June 18, 2020 [9 favorites]
It's Kavanaugh who is the party man, from head to toe. A true party loyalist with no discernible ideological spine, just a platform and as such the type of justice I don't think we've seen on the bench for a century.
He went out of the way in his dissent to claim the Trump Administration wanted to pass comprehensive immigration reform, as if they tried to get rid of DACA for the good of the DACA recipients. Just grotesque.
posted by sallybrown at 3:28 PM on June 18, 2020 [6 favorites]
He went out of the way in his dissent to claim the Trump Administration wanted to pass comprehensive immigration reform, as if they tried to get rid of DACA for the good of the DACA recipients. Just grotesque.
posted by sallybrown at 3:28 PM on June 18, 2020 [6 favorites]
Trump: "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."
Shotgun blast into the face. Second Amendment. Trump again inciting violence with gross images and Twitter is fine with it.
posted by JackFlash at 3:32 PM on June 18, 2020 [13 favorites]
Shotgun blast into the face. Second Amendment. Trump again inciting violence with gross images and Twitter is fine with it.
posted by JackFlash at 3:32 PM on June 18, 2020 [13 favorites]
I'll be happy the day Miller is led away in chains for his child separation policies.
posted by benzenedream at 3:46 PM on June 18, 2020 [13 favorites]
posted by benzenedream at 3:46 PM on June 18, 2020 [13 favorites]
"...We need more Justices or we will lose our 2nd. Amendment & everything else."
Borowitz must've seen that coming: "Trump Proposes Overruling Supreme Court by Creating Supremer Court"
posted by fuse theorem at 3:48 PM on June 18, 2020 [3 favorites]
Borowitz must've seen that coming: "Trump Proposes Overruling Supreme Court by Creating Supremer Court"
posted by fuse theorem at 3:48 PM on June 18, 2020 [3 favorites]
Supreme Court 2: Marbury and Marbury-er
posted by Slackermagee at 3:50 PM on June 18, 2020 [1 favorite]
posted by Slackermagee at 3:50 PM on June 18, 2020 [1 favorite]
Trump administration's 'sloppy' work has led to Supreme Court losses
“Trump's administration has lost 79 out of 85 cases involving federal agencies on deregulatory or policy issues tracked by the Institute for Policy Integrity, a think tank connected to New York University School of Law.”
posted by sallybrown at 4:54 PM on June 18, 2020 [13 favorites]
“Trump's administration has lost 79 out of 85 cases involving federal agencies on deregulatory or policy issues tracked by the Institute for Policy Integrity, a think tank connected to New York University School of Law.”
posted by sallybrown at 4:54 PM on June 18, 2020 [13 favorites]
“Trump's administration has lost 79 out of 85 cases involving federal agencies on deregulatory or policy issues tracked by the Institute for Policy Integrity, a think tank connected to New York University School of Law.”
11 April 2016:
11 April 2016:
You are going to be so proud of your country. Because we’re gonna turn it around, and we’re gonna start winning again! We’re gonna win so much! We’re going to win at every level. We’re going to win economically. We’re going to win with the economy. We’re gonna win with military. We’re gonna win with healthcare and for our veterans. We’re gonna with every single facet.posted by Spathe Cadet at 5:57 PM on June 18, 2020 [2 favorites]
We’re gonna win so much, you may even get tired of winning. And you’ll say, “Please, please. It’s too much winning. We can’t take it anymore. Mr. President, it’s too much.” And I’ll say, “No, it isn’t!”
Fox News is usually silent or weirdly preoccupied with the lives of celebrities whenever Trump has a big policy loss. Not today though! Their front page is plastered with news about the court's crazy decision, and all of the unsavories (Obama, Biden, Amazon, Apple) who endorse it. Assuming they haven't suddenly changed their bias, someone must be calculating that this will help Trump, by energizing his people, more than it hurts him.
I'd be sad these people's futures were the subject of such calculating cruelty, but I'm not capable of such feelings in political matters anymore.
posted by Popular Ethics at 6:43 PM on June 18, 2020
I'd be sad these people's futures were the subject of such calculating cruelty, but I'm not capable of such feelings in political matters anymore.
posted by Popular Ethics at 6:43 PM on June 18, 2020
It's really an indicator as well of how dangerous a competent version of Trump would be. I don't think it's really in legal dispute that something created by executive order can be rescinded by executive order. In other words, a competent Trump who was able to find more of "his" people to appoint into politically appointed positions within the executive branch would absolutely have been able to end DACA.
Nonetheless this is an outstanding victory for the many DACA recipients. I only hope that the next administration is able to work out a legislative solution that puts the programme on a permanent basis.
posted by atrazine at 12:29 AM on June 19, 2020 [2 favorites]
Nonetheless this is an outstanding victory for the many DACA recipients. I only hope that the next administration is able to work out a legislative solution that puts the programme on a permanent basis.
posted by atrazine at 12:29 AM on June 19, 2020 [2 favorites]
The Supremes are back on the charts, baby!
posted by gottabefunky at 9:27 AM on June 19, 2020
posted by gottabefunky at 9:27 AM on June 19, 2020
Assuming they haven't suddenly changed their bias, someone must be calculating that this will help Trump, by energizing his people, more than it hurts him.
Justice Ginsberg is a remarkably resilient woman, but she's not going to last forever. I'm not going to jinx anything by spelling out the probabilities, but it's safe to say that the Supreme Court will be an even bigger issue in the 2020 election than it was in 2016. The message machine is just taking the opportunity here to remind the base what's at stake for them.
posted by tobascodagama at 9:34 AM on June 19, 2020
Justice Ginsberg is a remarkably resilient woman, but she's not going to last forever. I'm not going to jinx anything by spelling out the probabilities, but it's safe to say that the Supreme Court will be an even bigger issue in the 2020 election than it was in 2016. The message machine is just taking the opportunity here to remind the base what's at stake for them.
posted by tobascodagama at 9:34 AM on June 19, 2020
Trump: will submit 'enhanced papers' on U.S. Supreme Court immigration decision (Reuters, June 19, 2020) “The Supreme Court asked us to resubmit on DACA, nothing was lost or won. They ‘punted’, much like in a football game (where hopefully they would stand for our great American Flag). We will be submitting enhanced papers shortly in order to properly fulfil[l] the Supreme Court’s ruling & request of yesterday,” Trump wrote on Twitter, referring to the Deferred Action for Childhood Arrivals policy.
Trump did not explain what he meant by “enhanced papers.”
posted by Iris Gambol at 9:35 AM on June 19, 2020
Trump did not explain what he meant by “enhanced papers.”
posted by Iris Gambol at 9:35 AM on June 19, 2020
Trump: "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."
Shotgun blast into the face. Second Amendment. Trump again inciting violence with gross images and Twitter is fine with it.
It's currently a Republican controlled court. So I can only assume they were cleaning the shotgun and accidentally shot themselves in the face.
posted by srboisvert at 10:27 AM on June 19, 2020
Shotgun blast into the face. Second Amendment. Trump again inciting violence with gross images and Twitter is fine with it.
It's currently a Republican controlled court. So I can only assume they were cleaning the shotgun and accidentally shot themselves in the face.
posted by srboisvert at 10:27 AM on June 19, 2020
did not explain what he meant by “enhanced papers.”
Probably papers with the "do the right thing or else" blackmail evidence attached.
posted by fuse theorem at 12:50 PM on June 19, 2020 [1 favorite]
Probably papers with the "do the right thing or else" blackmail evidence attached.
posted by fuse theorem at 12:50 PM on June 19, 2020 [1 favorite]
Shotgun blast into the face.
Has he been chatting with Cheney?
posted by Mrs Potato at 1:09 PM on June 21, 2020
Has he been chatting with Cheney?
posted by Mrs Potato at 1:09 PM on June 21, 2020
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posted by Navelgazer at 12:28 PM on June 18, 2020 [78 favorites]