Running head: TRUMP TO EXTEND CURRENT DACA PROTECTION 1

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Trump to Extend Current DACA Protection

Supreme Court upheld three lower court ruling , holding that Trump’s Administration

2017 move to revoke the popular DACA program which according to Trump’s Administration

is unlawful under federal law known as APA(Administrative Procedure Act).In a deeply divided

judgement written by Chief Justice John Robers, the court ruled the process to make DACA as

unlawful which means that now DACA (Deferred Action for Childhood Protection ) program

created by President Obama in 2012 will endure. It is interesting to know that currently it allows

more than 650,000 DACA recipient to continue living legally and working in U.S

What is DACA Issue ?

In year 2012, DHS (Department of Homeland Security) issued a memorandum which

provided immigration relief program known DACA(Deferred Action for Childhood Arrival)

allowing certain individual who arrive in U.S as children to apply for renewable forbearance of

removal from U.S. Those granted relief under the program were eligible to work and federal

benefits like Social security and Medicare (Fritze & Jackson n.p)To qualify for the program

every two year, recipients generally must be a high school or college graduates or enrolled in a

similar program, students or honorably discharged from the military. They must not have been

convicted to any crime, misdemeanor or more than three lesser crimes. Obama at one time

celebrated this court ruling which protected young people who were raised a part of American

family and had risk of being deported. After the court’s ruling former president Obama

expressed his happiness for the young people who would be benefited, family of theirs and the

whole community.
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Suspension and Its effects

The suspension took place in late April to protect American jobs. Trump’s

administration has decided that it will continue to reject any new application for immigration

program. This decision comes a month after the Supreme Court blocked the White house from

ending DACA program stating that administration was “arbitrary and capricious” on how it tried

to end the program(Richard Wolf n.p).

Abolishing DACA would have turned out to be inhuman decision for numerous number

of Dreamer who consider America as their home. According to Teodore Olson, solicitor general

who was representing DACA said “The decision taken by Trump Government to abolish the

policy without a transparent, lawful and genuine explanation was inconsistent with the rule of

law, as court acknowledged.” Trump has for long eyed on roll back of DACA program which

allows around 650,000 immigrant to be brought in US as children and stay freely in the country

with the fear of deportation. There are numerous number of DACA recipients who serve in key

positions such as medical practitioners, nurses, paramedics and other health workers during this

time of crisis. The decision of Trump government has forced immigration rights group to file

papers in court urging for the justice and to leave the program as it is. DACA was brought in

year 2012 by President Barack Obama through executive action without congressional inputs.

Then President Obama came up with the program after negotiation with Congress to make a way

to provide citizenship to young immigrants. Later Obama administration sought to provide

similar protection to as many as 4 million undocumented parents of citizens or residents living

unlawfully in the county but this decision was taken down by federal court.
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Supreme Court vs Trump administration.

Highly divided Supreme Court came to final decision to block the Trumps decision to

end the DACA program which allows young immigrants to reside and work in United States of

America without the fear of deportation. Chief Justice John Roberts, called the action of

Homeland Securities action to be “arbitrary and capricious” and thus unlawful. The ruling was

highly divided with final voting as 5-4: The courts four conservative justice dissented and other

four liberal justice agreed. According to Chief Justice Roberts the court only addressed if the

agency complied with the procedural requirements. No decision if DACA or its rescission to be a

sound policies were taken. The decision is similar last year’s effort by Trump government to add

a question related to citizenship to the 2020 census. In this case final verdict by the Supreme

Court is that the administration has not justified the action it took (Shoba Sivaprasad Wadhia

n.p).

If we go little backwards in November question in front of the justices was not if the

Trump can stop the program rather the question was whether the administration had right reason

for doing so and if right Administrative Procedural Act were followed. Robert was supposed to

be deciding vote from the beginning as same was in the case of last year were liberal justice took

down the President Trump’s efforts to add citizenship question in 2020 census. According to

Robert “the basic rule here is clyster clear: An agency has to defend the action taken based on the

reason it gave when it acted” this was mentioned referring to faulty rescission in the 2017. After

the Supreme Court ruling President Trump has announced that he will make a renewed push
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towards termination of DACA (David Jackson n.p). Trump made a stark remark on Supreme

Court though a series of tweets stating that these decisions are politically motivated and are

targeted towards republicans. He also mentioned that more such step needs to be taken or he may

lose 2nd term.

Conclusion

“Dreamers” are the young population covered under Deferred Action for Childhood

Arrival Policy. Even Trumps position on Dreamers has shifted with time to time. During the

initial days of presidency he was reported showing great heart over the issue and by the end of

2019 he was seen having entirely different opinion. This may be politically influenced. While

Supreme Court upheld the DACA, the impact of the decision is quite significant and means a lot

for 600,000 people who are beneficiaries and have contributed significantly to the Americas

progress. New rule on DACA means DHS will be given new set of instructions on reinstating it

as it was before 2012. Though the opening are wide but there is also an opportunities to come up

with a better policy. DACA was never meant to be a permanent solution thus it is imperative to

take action and pass a comprehensive solution to provide Dreamers a path to get permanent

residency.
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References

Fritze, John “Trump to extend current DACA protections, reject new applications after Supreme

Court knockdown” Published on July 28,2020

https://www.usatoday.com/story/news/politics/2020/07/28/trump-extend-daca-protections-

young-immigrants-pending-review/5528696002/ Accessed on 31st July 2020

Richard Wolf “Supreme Court ruling upholds DACA program for young, undocumented

immigrants” Published on Jun 18,2020

https://www.usatoday.com/story/news/politics/2020/06/18/daca-supreme-court-donald-trump-

end-immigration-program/4458220002// Accessed on 31st July 2020

Shoba Sivaprasad Wadhia “DACA: Supreme Court Victory, Uncertain Future” Published on

Jun 18,2020

https://www.acslaw.org/expertforum/daca-supreme-court-victory-uncertain-future/ Accessed on

31st July 2020

David Jackson “Trump blasts DACA decision, asking if people get the impression 'the Supreme

Court doesn’t like me?'” Published on Jun 18,2020

https://www.usatoday.com/story/news/politics/2020/06/18/donald-trump-blasts-supreme-court-

over-daca-decision/3213679001/ Accessed on 31st July 2020