US Supreme Court rules Trump’s DACA repeal illegal

The United States Supreme Court has blocked the Trump’s administration attempt to repeal the Deferred Action for Childhood Arrivals Act.

DACA, the Obama-era legislation provides protection and certain right, on a 2-year renewable basis, to undocumented immigrants that entered the USA as children. So called “Dreamers” are granted permission to stay and legally work in the country, protecting them from deportation. Recipients had to have never been convicted of a felony and provide certain items of personal information and identification.

Chief Justice Roberts explained that the Court’s decision was not due to the nature of the government’s actions, writing: “We do not decide whether DACA or its rescission are sound policies”. The Court’s decision lies primarily on the way the Trump administration proceeded to repeal DACA rather than their de facto ability of doing so. Experts agree that Trump will eventually be able to repeal the legislation given time as his entourage will learn how to manoeuvre the machinery of the American political system.

Justice Clarence Thomas, notoriously one of the most conservative members of the court has gone on record supporting the court’s decision.

The Trump has been trying to repeal DACA since 2017, on the basis that the act was illegally passed by the previous administration with this previous Attorney General saying it was enacted “without proper authority”.

Former President Barack Obama has celebrated the event by tweeting “Today, I’m happy for them, their families, and all of us.” in reference to Dreamers.  

Trump has often commented on his support for the people protected by his legislation and expressed his desire to introduce similar protections which more closely follow his plans on illegal immigration. The government has however failed to provide any details on their plans, leaving hundred of thousands of Dreamers uncertain about their future.

The protections given by DACA are generally well received across the American political spectrum. Even amongst Trump supporters which, according to polls, are in favour of supporting Dreamers. Trump has expressed his discontent on twitter by calling it a politically motivated stopgap and suggesting that the court might repeal the Second Amendment.

Trump’s administration has been reportedly ineffective in defining details in its legislation, giving their political opposition the uncomplicated task of challenging their propositions. His plans have been significantly delayed as experts believe it will be difficult for his ministry to embark on another substantial political campaign before the November presidential elections.  

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Marco Rizzo

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June 2022
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