SCOTUS: What Obama put in place for 'Dreamers,' Trump cannot simply dismantle - Must Read Alaska
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Sunday, September 26, 2021
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SCOTUS: What Obama put in place for ‘Dreamers,’ Trump cannot simply dismantle

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The U.S. Supreme Court today overruled the Trump Administration’s efforts to discontinue the DACA program, or “Deferred Action for Childhood Arrivals.”

DACA is a program begun by President Barack Obama that allows unauthorized aliens who entered the country as children to apply for a two-year forbearance of removal. Supporters of the program calls these residents “Dreamers.” They had no control over when they came to the United States, and their lives are in limbo because for many of them, the United States is the only country they have ever known.

In Alaska, about 557 people have DACA status, according to a list compiled by Governing Magazine. Alaska is home to more of the “Dreamers” than Vermont, Montana, West Virginia, North Dakota, and Maine, as well as the Virgin Islands and Guam.

The program, part of the Department of Homeland Security, was enacted in 2012, and was dismantled by President Donald Trump in 2017, as he tried to stem the flow of illegal immigrants from Mexico. DACA was blamed for incentivizing pregnant mothers to come to America to give their unborn children a better future.

The termination of DACA was challenged by University of California Board of Regents, which said the acting secretary of the Department of Homeland Security had violated the Administrative Procedure Act by failing to “adequately address important factors bearing on her decision.”

The opinion was written by Chief Justice John Roberts. A partially dissenting position was written by Justice Brett Kavanaugh. The vote on the ruling was 5-4.

The rescinding of DACA was a prominent campaign promise of President Trump in the 2016 campaign cycle. Today’s decision, which may impact as many as 700,000 illegal aliens living in the United States, along with their immediate families, is a policy setback for Trump, who has been trying to return jobs to Americans and reduce crime by stopping illegal immigration.

“We do not decide whether DACA or its rescission are sound policies,” the chief justice wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

By its ruling, the Supreme Court has upheld the Ninth Circuit Court of Appeals, the most liberal appeals court in the nation.

Earlier this week, the court also surprised conservatives when it redefined gender as “identity” in its ruling that employers may not discriminate in hiring of gay and transgender people.

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Written by

Suzanne Downing had careers in business and journalism before serving as the Director of Faith and Community-based Initiatives for Florida Gov. Jeb Bush and returning to Alaska to serve as speechwriter for Gov. Sean Parnell. Born on the Oregon coast, she moved to Alaska in 1969.

Latest comments

  • The dissention signed by Alito, Thomas, and Gorsuch was on target. The action taken be Obama was NOT endorsed by Congress. It has no basis in law except by presidential decree. If that’s where we’ve arrived, then Trump needs to start issuing bushels of decrees from Hell, and let’s see how many stick.

  • He just went about it the wrong way. 4 justices said he was right. There will be a do over.

  • This will be handled quickly, it is nothing more than a procedural issue. It won’t be long and those who support DACA will be suing again to block legal orders, except the next time this procedural issue won’t hold it up.

  • Here are a few things President Obama had to say about DACA
    “… I am president, I am not king. I can’t do these things just by myself. We have a system of government that requires the Congress to work with the executive branch to make it happen.”
    “With respect to the notion that I can just suspend deportations through executive order, that’s just not the case . . . . for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as president.”
    “Now, I know some people want me to bypass Congress and change the laws on my own. And believe me, right now dealing with Congress, believe me, believe me, the idea of doing things on my own is very tempting. I promise you. Not just on immigration reform. But that’s not how; that’s not how our system works. That’s not how our democracy functions. That’s not how our Constitution is written.”
    “And I think there’s been a great disservice done to the cause of getting the DREAM Act passed and getting comprehensive immigration passed by perpetrating the notion that somehow, by myself, I can go and do these things. It’s just not true . . . . We live in a democracy. You have to pass bills through the legislature, and then I can sign it.”
    Even President Obama knew it was wrong.

    • “Even President Obama knew it was wrong”

      But he signed the executive order to do it anyway.

  • Roberts decision has nothing to do with “hating” Trump. Stop playing these stupid blame game bytes and wake up and realize that the Trump administration doesn’t have valid arguments to propel their racist agendas.

    • Kara, please explain how following immigration law demonstrates a racist agenda.

    • What is so difficult to comprehend about the word illegal?? DACA was created illegally by Barack Hussein Obama and implemented illegally, without the authority of Congress. He promised illegal aliens brought to the US as minors that they wouldn’t be deported, and then provided them with work authorizations and access to Social Security and other government benefits. The immigration laws passed by Congress did not give the president the ability to do this. In fact, Congress specifically rejected bills to provide such benefits.

      We need to put an end to the lawlessness, and enforce laws that are passed legally by Congress if we are going to preserve our Constitutional Republic.

  • Is it really so tough to give these kids a break? Give compassion a try, and maybe you’ll have a better, less embittered day today. They did nothing wrong.

    And by the way, for those of you who are so dead-set against DACA, are you certain that your ancestors immigration records are spotless? If not, by the same reason, you should be at risk of deportation yourselves.

    • Whidbey,

      I would suggest it isn’t very compassionate to string these people along with an illegal executive order, one that the President who signed it knew wasn’t just and need to be addressed by Congress. What President Obama did is wrong on numerous levels. These people need to register every couple years and for some of them hope the only home they’ve ever known will still be their home. We need to fix this problem, not kick the can the way President Obama did even with Democrat majorities in the House and Senate.
      As far as what anyone’s ancestors did and their immigration records go, I would suggest you see the 14th Amendment and birthright citizenship…it doesn’t matter where your ancestors came from in this Country, if you are born here you are a citizen.

    • The illegal action by Barack Hussein Obama needs to be corrected, or it will set a dangerous precedent that weakens our constitutional balance of powers and gives a POTUS dictatorial powers.

      Since most DACA beneficiaries are now adults, his decree also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

      Attorney General Sessions was correct when he said that “the compassionate thing is to end the lawlessness, enforce our laws, and, if Congress chooses to make changes to those laws, to do so through the process set forth by our Founders in a way that advances the interests of the nation.”

      “If a president [Barack Obama] can claim sweeping discretion to suspend key federal laws, the entire legislative process becomes little more than a pretense.”
      Law professor Jonathan Turley

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