Department of Homeland Security Statement on Supreme Court Decision on DACA

On Thursday, the Supreme Court ruled against the Trump administration’s effort to end the Obama-era program that offers legal protections to young immigrants brought to the country illegally as children.

The court ruled that the administration’s decision to rescind the Deferred Action on Childhood Arrivals (DACA) program violated the Administrative Procedure Act (APA), which sets out rule-making procedures for federal agencies.

As a result, the Department of Homeland Security (DHS) 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.’”

The Justice Department had argued the DACA program is not working and is unlawful, and that the president should have the “absolute discretion” to adopt a revised overall immigration strategy. A dozen states led by Texas were among the parties backing the administration.

DHS.gov; Foxnews.com (June 2020) DHS Statement On Supreme Court Decision on DACA; Supreme Court rules against Trump administration bid to end DACA program