Law & the Courts

Trump Announces Admin. Will Start New DACA Repeal, Says SCOTUS ‘Punted’

President Donald Trump speaks during a roundtable discussion on the reopening of small businesses in Washington, June 18, 2020. (Leah Millis/Reuters)

President Trump said his Friday his administration would be resubmitting a memorandum to end the Deferred Action for Childhood Arrivals program, explaining that “nothing was lost or won” in the Supreme Court’s Thursday decision to block a previous attempt.

“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),” Trump tweeted. “We will be submitting enhanced papers shortly in order to properly fulfil the Supreme Court’s ruling & request of yesterday.”

He added that “I have wanted to take care of DACA recipients better than the Do Nothing Democrats, but for two years they refused to negotiate.”

“They have abandoned DACA. Based on the decision the Dems can’t make DACA citizens. They gained nothing!” Trump claimed.

In a 5-4 decision revealed Thursday, the Supreme Court said the Trump administration’s 2018 attempt to end DACA violated the “arbitrary and capricious” standard of the Administrative Procedure Act.

DACA, instituted in 2012 by President Obama, gives approximately 700,000 illegal aliens who were brought to the United States as children temporary deportation immunity. The two-year deferral is also renewable and gives work eligibility, but does not provide a path to citizenship.

“We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action,” Chief Justice John Roberts wrote in the majority opinion. “Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”

Trump has previously said that “a deal will be made with Dems” to allow DACA’s recipients to stay if the Supreme Court upholds his administration’s repeal.

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