U.S. Supreme Court Rules Against Trump Administration on DACA

June 18, 2020

Biden for President

Statement by Vice President Joe Biden on the Supreme Court’s Decision in Department of Homeland Security v. Regents of the University of California

The Supreme Court’s ruling today is a victory made possible by the courage and resilience of hundreds of thousands of DACA recipients who bravely stood up and refused to be ignored. As President, I will immediately work to make it permanent by sending a bill to Congress on day one of my Administration. 

As Justice Roberts said, the Trump administration's action was capricious and arbitrary. If Trump attempts to repeal DACA again — an unconscionable action, particularly during this unprecedented public health crisis — he will be responsible for upending the lives of hundreds of thousands of young people and bringing harm to families and communities all across the country.

For over eight years, DACA has given hundreds of thousands of young immigrants who came to this country as children the chance to contribute to the country they know as home. And with that opportunity, they have shown the incredible capacity of the immigrant spirit.

Today, DACA recipients are engineers, doctors, and lawyers. They have succeeded at the highest levels of academia. Many have started their own small businesses, which pay taxes and provide jobs for U.S. citizens. Nearly a third of all current DACA recipients are essential workers helping our communities respond to the COVID19 pandemic. Nearly 30,000 of them are front-line health care workers.

The joy of today’s victory does not erase the difficult road ahead. We know that much work remains to be done. But I will continue to stand with DACA recipients, their parents, and their families at every step, and in November, joined by millions across this country, we will reject the President who tried to rip so many of our family members, friends, and coworkers out of our lives.

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Democratic National Committee

DNC on SCOTUS Upholding DACA

DNC Chair Tom Perez released the following statement after the Supreme Court struck down Trump’s decision to rescind DACA as “arbitrary and capricious”:

“Lady Liberty stands tall today. This is a stunning victory. A victory of humanity over hatred, of American values over Trump’s immigrant-bashing scare tactics. The Supreme Court saw through this administration’s lies and upheld DACA as the law of the land. This decision affirms what America should be: a land of freedom and opportunity, where those searching for a better life are welcomed with open arms, not forced into the shadows. DACA is critical to making sure hundreds of thousands of people can live, learn, and work in the only country they call home. These are our friends and neighbors, our classmates and coworkers. They are American in every way but on paper. And we’re going to make sure they’re here to stay by electing Joe Biden in November.”

Declaración del DNC sobre la decisión de la Corte Suprema sobre DACA

El Presidente del DNC Tom Perez emitió la siguiente declaración luego de que la Corte Suprema dictase en contra de Trump y declarara la decisión de Trump para acabar con DACA como “arbitraria y caprichosa”:

“Hoy la Estatua de la Libertad brilla. Esto es una gran victoria. Es una victoria de la humanidad sobre el odio, de los valores estadounidenses sobre la agenda anti-inmigrante de Trump. La Corte Suprema vio más allá de las mentiras de la administración y dictaron que DACA es lo que prevalece. Esta decisión afirma lo que los EEUU debería ser: la tierra de la libertad y oportunidad, donde aquellos que buscan una mejor vida son bienvenidos con los brazos abiertos, no un lugar que obliga a la gente a entrar a las sombras. DACA es un programa esencial que asegura que cientos de miles de personas puedan vivir, aprender y trabajar en este país, su hogar. Ellos son estadounidenses en toda manera menos en papel. Y nos vamos asegurar que estarán aquí para quedarse cuando elijamos a Joe Biden en noviembre.”

U.S. Senate Democratic Leader Chuck Schumer

SCHUMER STATEMENT ON VICTORY FOR DACA, IMMIGRANTS AT THE SUPREME COURT

The Supreme Court Rules Against Trump Administration’s Rescission of DACA

Washington, D.C.— Senate Democratic Leader Chuck Schumer today released the statement below following the U.S. Supreme Court’s 5-4 ruling against the Trump administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. (You can see the statement in Spanish here):
“I cried tears of joy when thinking about the weight lifted off the shoulders of over 700,000 Dreamers. This is a life-altering decision not just for them, but also for their families, our communities, and our country. Today, these wonderful young immigrants can breathe an enormous sigh of relief, knowing they are safe from deportation and from having their lives uprooted.

“The highest court in the land has ruled in favor of DACA, and the vast majority of Americans across party lines agree that we should protect Dreamers. This should send a loud and clear message to President Trump that we will stand united in the fight against his anti-immigrant policies or any future attacks on DACA.

“While we celebrate this positive decision by the Court, we know the work is far from over. We reiterate our support for Dreamers and reassure them that this is only the beginning. We’ve witnessed the courage, contributions, and constant battles they have fought throughout so many years to stay in the country they love. We will not stop until all Dreamers become American citizens.”

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American Immigration Council

U.S. Supreme Court on DACA: Blocks Trump’s Cruel Attempt to Upend the Lives of 650,000 Community Members Across America

WASHINGTON, June 18, 2020—The U.S. Supreme Court today blocked the Trump administration’s efforts to end Deferred Action for Childhood Arrivals, a critical initiative that has offered deportation protection and work authorization to hundreds of thousands of young people who arrived in the United States as children.

In a 5-4 decision, the court found that the Trump administration’s attempt to terminate DACA was unlawful, and the termination was arbitrary and capricious. The Court’s decision means that hundreds of thousands of young people in the United States will temporarily keep work authorization and protection from deportation. The Court emphasized that the Trump administration can still end DACA, but it must go through the right process to do so.

The following statement is from Beth Werlin, executive director of the American Immigration Council:

“The Supreme Court’s decision provides temporary peace of mind for thousands of Dreamers across the country and is a testament to the hard work and perseverance of young immigrants and their allies across the country. The overwhelming majority of Americans support allowing undocumented immigrants brought here as children to continue to live and work in the United States—and look forward to a more permanent solution.

“The president and Congress must ensure that Dreamers are able to live and work in the United States permanently. The U.S. House of Representatives has done its job by passing H.R. 6. The Senate should take up the bill immediately.”

Sonia Martinez, DACA recipient and nursing assistant in Denver, Colorado, said: 
“Today’s decision means the world to me and my family. Not only does it take away the weight and threat of potentially being separated from our families, friends, and communities, but it allows us to continue contributing to the communities that have given so much to us.” 

The American Immigration Council has a range of research and other resources on DACA, including policy experts available to speak on policies designed to protect Dreamers, the fate of DACA, and what is at stake for approximately 650,000 DACA beneficiaries across the country.  The Council also has data on demographic and economic contributions of DACA recipients in each U.S. state and nationwide.  
 
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Demand Justice

DEMAND JUSTICE STATEMENT IN RESPONSE TO SUPREME COURT’S DACA DECISION

WASHINGTON, DC — On Thursday, Demand Justice Executive Director Brian Fallon released the following statement:

“The credit for saving DACA belongs to the Dreamers and allies who built a movement so powerful not even John Roberts could ignore it. Over the past week, the LGBTQ+ and immigrants rights communities have shown that activism matters and that the Supreme Court is not immune to public pressure.

“John Roberts may have been the swing vote in this particular case, but he is no savior. He simply recognizes that the Court’s standing with the public is in mortal danger if it races too quickly to impose a right-wing agenda that flouts both the rule of law and public opinion. Progressives must keep their guard up against bad decisions that are likely still to come.

“This week has confirmed just how important it was for progressives to fight Brett Kavanaugh’s confirmation tooth and nail two years ago. He has proven to be exactly the kind of justice we knew he would be. He has emerged as the face of this partisan Court, and we will continue to ensure that the senators who helped confirm him in 2018 will not soon live down that fateful vote"
NextGen America

NextGen America Statement on DACA

SAN FRANCISCO — NextGen America Executive Director Ben Wessel released the following statement today in response to the Supreme Court's decision on the Deferred Action for Childhood Arrivals (DACA) program:

"Today, the Supreme Court kept our country’s promise to countless Dreamers who now live without fear of deportation from the only country they’ve ever called home. But that won’t last long if President Trump and his allies in the Senate are allowed to keep pushing their anti-immigrant agenda. That’s why NextGen is working with young voters all over the country to elect candidates that share our generation’s inclusive vision for this country’s future."

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La Colmena [Staten Island]

DREAMERS TO HOLD FIESTA w/ MARIACHIS IN CELEBRATION OF U.S. SUPREME COURT'S DACA DECISION 

WHEN: June 18, 2020, 6:30PM
 
WHERE: La Colmena, 774 Port Richmond Avenue, Staten Island NY 10302
 
Staten Island, NY - In midst of the COVID-19 pandemic, the U.S. Supreme Court made a final
decision preserving the Deferred Action for Childhood Arrivals (DACA) program — the Obama-era initiative that provided work authorization and protection against deportation to young immigrants. To celebrate the decision, immigrant youth will be having a "Social Distance Fiesta", party celebration with Mariachis and food with the community all within six feet of each other.
 
Since DACA began roughly eight years ago, recipients were able to obtain higher education; get well-paying jobs; buy a car or house; and financially support their families. Despite them being at risk, DACA recipients continued to give back to their communities in the middle of the pandemic.
 
In Staten Island, while the general population was ordered to stay home, DACA recipients in essential jobs are on the frontlines. As the demand for funds and food assistance grew, community based organizations like La Colmena and their employees, many of whom are DACA recipients, kept their doors open to assist the Staten Island immigrant community during the pandemic. Moreover, many DACA recipients work in the medical field and as first responders.
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La Colmena is a community-based organization founded in 2016, working to empower day laborers, domestic workers, and other low-wage immigrant workers in Staten Island through organizing, education, culture, and economic development. We are committed to providing immigrants with the tools they need to become leaders who can speak and advocate for themselves and their communities.


from June 18, 2020


U.S. Department of Homeland Security

DHS Statement On Supreme Court Decision on DACA

The Department of Homeland Security released the following statements regarding the Supreme Court decision on DACA.

Acting Secretary Chad Wolf: “DACA recipients deserve closure and finality surrounding their status here in the U.S. Unfortunately, today’s Supreme Court decision fails to provide that certainty. The DACA program was created out of thin air and implemented illegally. The American people deserve to have the Nation’s laws faithfully executed as written by their representatives in Congress—not based on the arbitrary decisions of a past Administration. This ruling usurps the clear authority of the Executive Branch to end unlawful programs.”

Acting Deputy Secretary Ken Cuccinelli: “The Supreme Court’s decision is an affront to the rule of law and gives Presidents power to extend discretionary policies into future Administrations. No Justice will say that the DACA program is lawful, and that should be enough reason to end it.  Justice Clarence Thomas had it right in dissent: ‘Such timidity [by SCOTUS] forsakes the Court’s duty to apply the law according to neutral principles and the ripple effects of the majority’s error will be felt throughout our system of self-government.’”

U.S. Sen. Ted Cruz (R-TX)

Sen. Cruz on Supreme Court: Judging Is Not a Game

On Senate Floor, condemns SCOTUS decision on DACA, Chief Justice Roberts’ pattern of lawless gamesmanship
 
WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas), chairman of the Subcommittee on The Constitution, today delivered remarks on the Senate Floor following the Supreme Court’s decision regarding DACA.

 

 

WATCH: Cruz Condemns SCOTUS Decision on DACA, Chief Justice Roberts' Pattern of Lawless Gamesmanship

 

Condemning the Supreme Court’s decision, led by Chief Justice John Roberts, Sen. Cruz said:
 
“Mr. President, today’s decision from the U.S. Supreme Court in Department of Homeland Security v. Regents of the University of California is disgraceful. Judging is not a game. It’s not supposed to be a game. But sadly, over recent years, more and more, Chief Justice Roberts has been playing games with the Court to achieve the policy outcomes he desires.”
 
“This case concerned President Obama’s executive amnesty. Amnesty that President Obama decreed directly contrary to federal law. He did so with no legal authority. He did so in open defiance of federal statutes. And of course, he was celebrated in the press for doing so.
 
“Obama’s executive amnesty was illegal the day it was issued and not one single justice of the nine Supreme Court justices disputed that. Not a one. Chief Justice Roberts wrote the majority opinion joined by the four liberal justices on the Court. This is becoming a pattern.”
 
He added:
 
“The fact that elites in Washington don’t see a problem with illegal immigration doesn’t answer the reality for millions of working men and women who do. And these kind of games ultimately make a mockery of the rule of law. They make a mockery of the Constitution and Bill of Rights. To same legerdemain, we saw Chief Justice Roberts do several years ago, upholding Obamacare where, again, just with a little flip of the wrist, he changed a penalty into a tax. That’s not clever. That’s lawless.
 
“This decision today was lawless, it was gamesmanship, and it was contrary to the judicial oath that each of the nine justices has taken.”
 
Read the full transcript of Sen. Cruz’s remarks below.
 
“Mr. President, today’s decision from the U.S. Supreme Court in Department of Homeland Security v. Regents of the University of California is disgraceful. Judging is not a game. It’s not supposed to be a game. But sadly, over recent years, more and more, Chief Justice Roberts has been playing games with the Court to achieve the policy outcomes he desires. This case concerned President Obama’s executive amnesty. Amnesty that President Obama decreed directly contrary to federal law. He did so with no legal authority. He did so in open defiance of federal statutes. And of course, he was celebrated in the press for doing so.
 
“Obama’s executive amnesty was illegal the day it was issued and not one single justice of the nine Supreme Court justices disputed that. Not a one. Chief Justice Roberts wrote the majority opinion joined by the four liberal justices on the Court. This is becoming a pattern.
 
“The majority assumes that DACA, Obama’s executive amnesty, is illegal. And then bizarrely holds that the Trump administration can’t stop implementing a policy that is illegal. Think about that for a second. And in fact, it's even worse.
 
“The majority explicitly concedes, ‘Of course the administration can stop an illegal policy.’ All parties agree. That’s a quote. All parties agree that quote, ‘DHS may rescind DACA.’ Okay. Easy. Everyone agrees. DHS can rescind DACA, right? Not so fast. A clever, little twist.
 
“The majority says, ‘You know what? The agency’s legal explanation wasn’t detailed enough. Yeah, you got the authority to do it. Everyone agrees there’s no argument that you don't have the authority to do it. But we’re checking your homework and you know the memo you wrote explaining it just didn't have all the detail we need. Just a touch more so start over.’ What’s interesting, Mr. President is that is exactly the sleight of hand that Chief Justice Roberts did almost exactly a year ago today.
 
“In another case, where the Chief joined with the four liberals from the Court and struck down another one of the Trump administration’s policies. In that case, a year ago, the Commerce Department, which is charged by the Constitution with conducting a census every 10 years. The Commerce Department wanted to ask a common-sense question, the course of the census. ‘Are you a citizen of the United States?’ That's a question that has been asked in nearly every census since 1820. It ain’t that complicated asking someone in the course of a census, ‘Are you a citizen?’ But in today’s politically fraught world, the Democratic Party has decided they are the party of illegal immigration, as is the press. And so what did John Roberts do a year ago? Same thing. Wrote an opinion, said, ‘Of course, the Commerce Department has the authority in the census to ask if you’re a citizen. Of course, they have. We’ve done it since 1820.’ For those who are math impaired, that’s 200 years ago. And steadily since then every 10 years over and over and over again.
 
“But no, no, no, no, John Roberts, little twist of hand. ‘You know what, the Commerce Department didn’t explain their reasoning just clearly enough.’ We looked at their memo announcing it. Announcing that they were making a policy decision that questioned legal authority to do. That Bill Clinton had asked that question. The Bill Clinton administration. But, John Roberts and the four liberals are going to strike it down because they say it wasn’t explained clearly enough. Mr. President, this is a charade. Last year they pretended it was just about the agency could go back and do it again. They knew full well there wasn’t time to do it again.
 
“But they had to start the census and so they got the result they wanted. They didn’t like as a policy matter asking this. There is no legal reason, no legal authority to strike it down. So they play a little game, ‘go back and start over.’
 
“And of course, now we’re doing the census without asking that question. That’s the same game here today in DACA. They don’t like the policy, so they say, ‘Just go back and do it over, just give a little more explanation, just start over.’ Everyone knows the game they’re playing. They’re hoping that in November, in the election, that there’s a different result in the election. That there’s a new administration that comes in that decides amnesty is a good thing. And so this sleight of hand is all about playing policy. Five justices today held that it was illegal for the Trump administration to stop breaking the law. That’s bizarre. And the reasoning is because the Obama administration violated federal immigration laws, ‘for now – wink, wink – let’s pretend,’ because that’s what they’re doing is pretending, ‘Trump has to continue violating the law and behaving illegally.’ Mr. President, Chief Justice Roberts knows exactly what he’s doing.
 
“We saw earlier this week a decision rewriting Title VII of our civil rights laws. Rewriting Title VII, the prohibition on sex discrimination, on discrimination against women or against men, rewriting it to add sexual orientation or gender identity. Now, as a policy matter, there are a lot of people that support that. Indeed, legislation to do that has passed the House of Representatives twice. It’s passed this body once, but the Court just rewrote it. The Court just engaged in legislation, plain and simple, as Justice Alito powerfully wrote in dissent. By the way, Chief Justice Roberts, again in the majority, assigned that majority. This is gamesmanship. Chief Justice Roberts knows exactly what he’s doing.
 
“The fact that elites in Washington don’t see a problem with illegal immigration doesn’t answer the reality for millions of working men and women who do. And these kind of games ultimately make a mockery of the rule of law. They make a mockery of the Constitution and Bill of Rights. To same legerdemain, we saw Chief Justice Roberts do several years ago, upholding Obamacare where, again, just with a little flip of the wrist, he changed a penalty into a tax. That’s not clever. That’s lawless.
 
“This decision today was lawless, it was gamesmanship, and it was contrary to the judicial oath that each of the nine justices has taken. I yield the floor.”
 
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Federation for American Immigration Reform

FAIR: Supreme Court Ruling on DACA is a Setback for the Rule of Law and the Constitutional Separation of Powers

(June 18, 2020, Washington, D.C.) —The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR), in response to today’s outrageous Supreme Court ruling blocking President Trump’s rescission of the Deferred Action for Childhood Arrivals (DACA) program:

“Today’s ruling by the Supreme Court denying President Trump’s rescission of DACA, a program that was implemented by nothing more than a policy memo issued by his predecessor, is an enormous setback for efforts to enforce U.S. immigration laws, as well as for the Constitution’s Separation of Powers doctrine.

“In implementing DACA in 2012, President Obama essentially bypassed Congress’ unambiguous authority to make immigration laws. The duly enacted laws of our nation, then and now, are clear that DACA beneficiaries are illegal aliens who have no legal right to live and work in this country, and are subject to removal. Those laws cannot be changed or ignored by an executive policy memo.

“Equally disturbing, the Court essentially imputed the weight of law to an executive policy memo by preventing the current president from reversing that policy and substituting his own policy in its place – one that actually conforms with existing statutes. If presidents can overrule laws with policy memos that are hard to reverse, we are on a slippery slope toward the sort of unchecked executive power our founders feared.

“On a practical level, today’s ruling will likely lead to future waves of illegal immigration, as people around the world see the opportunity to bring minor children to the United States illegally in the expectation that they will be granted permission to remain permanently.”

Contact: Matthew Tragesser

Judicial Watch

Judicial Watch Statement on Supreme Court Ruling Protecting Obama ‘DACA’ Amnesty Program

‘[A]n effort to avoid a politically controversial but legally correct decision’ – Justice Thomas

(Washington, DC) – Judicial Watch President Tom Fitton made the following statement regarding the Supreme Court’s ruling against the Trump administration’s effort to end the Deferred Action for Childhood Arrivals (DACA) program.

The Supreme Court undermined the Constitution today. Obama’s decision to provide amnesty for hundreds of thousands of illegal aliens under the DACA program was unlawful, and the court interfered with the President Trump’s duty and absolute right to rescind it. 

Chief Justice Roberts and his liberal colleagues ruled that it is illegal for President Trump to end an illegal Obama program. This is the Alice-in-Wonderland approach to judicial decision making. Chief Justice Roberts also joined the decision earlier this week that changes the meaning of sex in nation’s major civil rights law. Threats to the rule of law come not only from rioters and looters in the streets, but also from activist judges on the bench.

Only Congress can amend the law, not President Obama nor the courts. One cannot help but conclude that this decision is driven more by politics than the rule of law. 

Judicial Watch has previously highlighted how DACA is not only illegal but a threat to the public safety. For example, we uncovered how the Obama administration granted DACA amnesty without the promised background checks.

We encourage the Trump administration not to give up but to end DACA now to preserve the rule of law, protect our borders, and ensure the public safety.

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