A Second Attempt: Trump will “Resubmit on Daca”

by davidscott

 Samuel Case, FISM News 

After the Supreme Court in a​ 5-4 ruling, with Chief Justice Roberts serving as the deciding vote, struck 

down the Trump administration’s attempt to rescind the Deferred Action for Childhood Arrivals (Daca) 

program put in place by the Obama Administration back in 2012; Donald Trump says his administration 

hasn’t given up. 

On Twitter, President Trump said​ his administration “will be submitting enhanced papers shortly in order 

to properly fulfill the Supreme Court’s ruling & request of yesterday,”. The court had denied the administration’s actions for being “arbitrary and capricious” under the Administrative Procedure act.

 

While Trump didn’t identify what changed will be made in these “enhanced papers” it seems his 

administration is attempting to correct the procedural missteps the court found in their ruling. 

In Justice Roberts opinion he acknowledged the executive branch does have the ability to end the DACA 

program if the proper procedure is followed. Roberts wrote, “The dispute before the Court is not whether 

DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure 

the agency followed in doing so.” 

 

In his dissent Justice Clarence Thomas said that DACA “was unlawful from its inception.” He criticized 

Roberts’ reasoning, saying, “The majority does not even attempt to explain why a court has the authority 

to scrutinize an agency’s policy reasons for rescinding an unlawful program under the arbitrary and 

capricious microscope.”

 

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