No doubt, there was a sigh of relief after the 5-4 SCOTUS decision on Deferred Action for Childhood Arrivals was announced. Many of my friends are less worried.
For the meantime, Trump and his minions have been told that they will have to find another way to make a declaration on DACA’s legality that would lead to its end.
“We do not decide whether DACA or its rescission are sound policies. “The wisdom” of those decisions “is none of our concern.” Chenery II, 332 U. S., at 207. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”
This may only further delay its demise, although, any new Trump effort to end DACA will once again be met by a challenge in the courts. This decision certainly adds to the political pressure against Trump and Republicans to do something about the entire issue (immigration and deportation reform and not just DACA), but also places pressure on Democrats who tend to get squeamish on any of these issues within the realm of immigration reform during election time.
For now, it’s still election season. As local group FIEL’s ED Cesar Espinosa stated: “We are ecstatic that the supreme court sided on the right side of history and allowed for the DACA program to be in place for the meantime. We hope that in this interim time we are able to petition congress to come up with a permanent solution not only for DACA recipients but the immigrant community at large.”
And as various DREAMers stated at a press conference held today at FIEL, “It’s a small win,” and it is time to vote. It is time to study the candidates, find who is really on the side of DREAMers and immigrants, and vote them into office. It’s time to get beyond executive orders and actually do something.
This is not to say it’s all about politics. Much like the drive toward police reform, it’s about saving people’s lives. If politicians aren’t in it to work for the betterment of the people. then it’s just another popularity contest. Here’s a chance to do something.
There will be more on this, for sure. For now, it’s a good day.