June 18, 2020 – A widely unexpected turn of events has led the US Supreme Court to uphold Deferred Action for Childhood Arrivals, known as “DACA” since the Trump Administration had taken affirmative action to get rid of DACA to begin the process of deporting 700,000 kids brought to the US as children, albeit illegally. By getting rid of “DACA” the Trump administration would deport children who have only known the US as their country and their home.
The decision by Chief Justice Roberts to weigh-in with the Liberal justices shocked most Democrats and Republicans alike, and sent reverberations across DC – especially, at the White House. The idea of letting kids who were brought here as children to fulfill their dream of the American Dream – even though it was against the law – these kids are now serving in the US military, working in a variety of professions and industry – some even on the front lines caring for Americans with COVID-19. For a country to abandon those who are giving so much to the country is something that many Americans born here – don’t even give of themselves is outrageous. When President Trump referred to these kids as “animals” as so aptly pointed out by Justice Sonia Sotomayor, we knew where he stood – and it’s not on the right side of history.
Despite the pandemic, and the political chaos that uncertainty has brought, at least for the time-being, these young people have a reprieve from looking over their shoulders in fear of deportation and wondering where their lives will take them one minute to the next.
In a shocking 5-4 ruling which included the Conservative, Chief Justice John Roberts – the ruling diverges abruptly from the ordered predictability of the usual 5-4 Conservative panel rulings. As he had done once before with voting to keep Obamacare in 2012, John Roberts cast the deciding vote, once again in 2020 – to uphold DACA – at least for the time being. By doing so, he put a “pause” in the momentum that the Trump administration had been steadfastly moving toward deportation of the kids.
Joining in with Chief Justice Roberts in the majority: Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Sonia Sotomayor. In writing for the court, Roberts stated the following:
“1. Department of Homeland Security’s (DHS) rescission decision is reviewable under the APA and is within this Court’s jurisdiction.” and
“2. Department of Homeland Security’s (DHS) decision to rescind DACA was arbitrary and capricious under the Administrative Procedures Act (APA).”
The term used by the court “arbitrary and capricious” is a legal standard that implies there is no rational justification for such a decision or ruling – such as here by DHS – other than one that has some nefarious motive, often referred to as “animus,” or ill will. With this as a backdrop, the high Court made its ruling – giving the kids a reprieve, while allowing the Trump administration to time to “reform” its claim as to why the children should be deported. And because the wheels of justice turn so slowly – the courts will likely not hear a ‘reformed’ case of alternative “excuses” by the Trump administration pushing for deportation anytime this year. And, if another candidate, such as Joe Biden wins the elections in November, the entire spectrum of activity on the subject of child deportations of DACA kids, will most likely come to a grinding halt.
Whatever takes place over the next few months, the 2020 Presidential election is geared up to be a pivotal moment for this nation. It Americans really care about healthcare for all, or even a partial-government run system, if they care about treating people fairly, if they care about discrimination of any kind, if they care about those who have served this country honorably in the military (such as those now grown DACA kids) who are also law-abiding taxpayers – and those who serve them on the front-lines helping Coronavirus victims – other than their illegal childhood entry – they have contributed to the this nation and its people. And, if nothing else, if Americans who say they are “still illegal” care about keeping the ‘next’ pandemic off American shores – and keeping the American military prepared – they need to reconcile that immigrants make America great – not any one man who proclaims it by fiat living in the White House.
If you care about all these issues – get out and vote in November. Change doesn’t happen by sitting home and wishing it to happen. Change comes about by engagement and action. Our country and way of life deserve no less. To learn more about the History of Immigration – from Ellis Island to today – watch our program: “Parallels in Patriotism: Educating One Generation of America at a Time” with educational historian, Adam Strom.
Copyright, 2020, Mary Kay Elloian, MBA, JD, Esq. –
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