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.<\/p>\n
This\u00a0is\u00a0a bittersweet victory, however, since the\u00a0SCOTUS\u00a0did not establish the\u00a0legality\u00a0of the\u00a0program.\u00a0Instead, the Court\u2019s\u00a0issue\u00a0at\u00a0hand\u00a0was\u00a0to\u00a0determine\u00a0whether the Trump Administration and\u00a0the at-the-time\u00a0acting Secretary of DHS, Elaine C. Duke, as\u00a0well\u00a0as her\u00a0successor,\u00a0Kirstjen\u00a0M. Nielsen,\u00a0violated\u00a0the\u00a0procedures\u00a0to rescind the\u00a0program.\u00a0Indeed, the plurality found that Secretaries Duke and Nielsen actions were \u201carbitrary and capricious\u201d since they failed to consider how such a decision could affect the recipients, employers, and families.<\/p>\n
It is noteworthy to\u00a0point\u00a0out that both\u00a0sides\u00a0of the\u00a0legal\u00a0dispute\u00a0agreed\u00a0on the\u00a0fact\u00a0that the U.S. government has the power to rescind the\u00a0program.\u00a0The\u00a0issue\u00a0now is\u00a0not a\u00a0matter\u00a0of \u201cif\u201d it exerted that power, but of \u201chow.\u201d Therefore, we should expect the Trump Administration to submit another challenge to the DACA program; perhaps this time their\u00a0ineptitude\u00a0and\u00a0arrogance\u00a0will not hinder their\u00a0malice.<\/p>\n
We believe republicans will allow this upcoming presidential election to pass since it is not guaranteed\u2014in fact, very unlikely\u2014that 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.<\/p>\n
Although yesterday\u2019s 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.<\/p>\n
For that,\u00a0we\u00a0should be\u00a0prepared.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":18,"featured_media":1289,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[63],"tags":[352,344,350,347,351,346,348,184,345,349],"yoast_head":"\n