Member-only story
Supreme Court DACA Decision — Was it more concerned about humanity or legality?
It was about politics — of providing a “reasonable” executive order
On June 17, 2020, the Supreme Court ruled that the 700,000 immigrants, who were minors when they were brought into the US without immigration papers, would continue to be protected from being deported. The media largely focused on the humane impact the decision would have on the many lives whose future depended on it. But the decision seemed to rely more on a nuanced legal interpretation of the Trump Administration’s failure to follow the proper procedures to invalidate the Deferred Action for Childhood Arrivals Program (DACA). A reading of the decision reflects both were considered. And, as President Trump tweeted that it was about politics — it did come into play.
Since President Obama established DACA in 2012 by Executive Order, these immigrants have had a temporary legal status if they graduated from high school or were honorably discharged from the military, and if they passed a background check. Thereby they have been allowed to work and attend school legally in the U.S. One government study found that more than 90 percent of DACA recipients are employed and 45 percent were in school. Meanwhile many have started families, having 200,000 children of their own who are…