The Supreme Court DACA decision

By June 22, 2020Uncategorized


Dept of Homeland Security V. Regents of U of Cal

First and foremost: I practice very little DACA cases, and those that I do are for folks I know. So I do not make money with these cases and have no financial interest in this. My interest is based merely on rationality and humanitarian reasons. The good thing about this case is that every Justice concurred in part.
1. What is DACA?
The Obama Administration in 2012 created a Memorandum that said that for certain individuals, the Government will withhold deportation. Those individuals, commonly referred to as Dreamers has to:
2. Have entered the US before 2010 as a child
3. Have a squeaky clean background—ie no arrests whatsoever
4. Have a US High School degree or higher
These folks can additionally work in the US, pay taxes and thereby get Social Security and Medicare.
They cannot vote. DACA does not give them any status. The Government will just not deport them

2. Case History
1. During the later years of the Obama Administration, the Congress and Senate became Republican and decided not to pass any significant legislation. They put up every hurdle on the book to block the administration. In desperation, Obama issued administrative Memo, known as DACA.
2. The Obama Administration further issued another memorandum giving similar rights to parents of the DACA individual, called DAPA
3. State of Texas brought a suit against the Obama administration stating that the Obama administration is legislating from the executive branch and the memorandum should be rescinded. The 8 Judge Supreme Court(because the Senate refused to hear the confirmation of Merrick Garland, thereby leaving the ninth seat vacant for 18 months) voted 4/4. So the 5th C ruling was allowed to stand. This would not have happened had Mr. Garland been given the opportunity to become the new Justice.
4. When the present administration came into office, then Attorney General Jeff Sessions wrote to then head of DHS, Ms. Duke to rescind DACA based on DAPA ruling of the 5th C, which she proceeded to do.
5. Several entities filed lawsuit against this decision.

3-Ruling
• The Courts do not have the jurisdiction, under Separation of Powers to adjudicate how the administration conducts itself. Court review is only limited to “the grounds that the agency invoked when it took the action.” The current administration did not have any grounds or reason to rescind DACA, other than that of saying since DAPA is not enforced lets also rescind DACA.

• The current administration did not follow the Administration Procedures Act (APA) to rescind DACA. The APA requires the Administration to make a “reasoned decision” The Obama DACA Memorandum established a “clear and efficient process” for identifying individuals who met the criteria. The current administration can form NEW Memorandum, but cannot rescind Obama Memorandum without expounding on it.

Hopefully the November elections will see a change in the legislature and Administrative unit and can make DACA into law.
Until then, the present administration can create a separate memorandum, DACA will stay. I dont think this Administration will create a new Memorandum stating that Dreamers cannot work before the elections. But there is no knowing what this administration will do. If Joe Biden comes in, he can then reinstitute

On a lighter note, if the present administration wants to create a memorandum to satisfy its base, then I propose they call this memo HATE: Halt All Taco Enablers