The Supreme Court of the United States of America (SCOTUS) concluded that the current administration, led by President Donald J. Trump, and his Department of Homeland Security (DHS) violated the Administrative Procedure Act. This ruling forces the Trump Administration to retire their decision to rescind Deferred Action for Childhood Arrival (DACA). The long-awaited decision of the SCOTUS provides relief, albeit temporarily, to thousands of recipients of the controversial federal program that has allowed them to work, study, and build a life under the law of the only nation they have ever known.
This is a bittersweet victory, however, since the SCOTUS did not establish the legality of the program. Instead, the Court’s issue at hand was to determine whether the Trump Administration and the at-the-time acting Secretary of DHS, Elaine C. Duke, as well as her successor, Kirstjen M. Nielsen, violated the procedures to rescind the program. Indeed, the plurality found that Secretaries Duke and Nielsen actions were “arbitrary and capricious” since they failed to consider how such a decision could affect the recipients, employers, and families.
It is noteworthy to point out that both sides of the legal dispute agreed on the fact that the U.S. government has the power to rescind the program. The issue now is not a matter of “if” it exerted that power, but of “how.” Therefore, we should expect the Trump Administration to submit another challenge to the DACA program; perhaps this time their ineptitude and arrogance will not hinder their malice.
We believe republicans will allow this upcoming presidential election to pass since it is not guaranteed—in fact, very unlikely—that a Democratic administration will support and keep alive a lawsuit that would end one of the hallmarks of its most recent president. If the Trump Administration wins its reelection bid, we are certain one of its primary measures will be to try to rescind DACA.
Although yesterday’s ruling is a motive to be happy and to celebrate DACA, we must not lose sight of the fact that DACA is not indeed a solution. It is a deferral to belonging and citizenship, a delay of human rights that separates people in this nation. El Equipito encourages all to celebrate by committing to continue to fight for equality and justices for all.
For that, we should be prepared.