DACA survives on technicality

Chief Justice John Roberts joined the liberal wing of the U.S. Supreme Court on Thursday to uphold Obama-era legal protections for immigrants who illegally entered the United States as children. President Donald Trump’s administration argued that the Deferred Action for Childhood Arrivals program was illegal and the courts had no authority to review its decision to end it. The program provides legal shelter for about 650,000 immigrants.

What was the reasoning? Roberts’ opinion said the U.S. Department of Homeland Security had the authority to end the program. But in doing so in 2017, it violated procedure and “failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.” Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan agreed the evidence showed no intentional discrimination against the immigrants. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, saying the protections were illegal in the first place, and Justice Brett Kavanaugh argued the Trump administration rescinded the policy properly.

Dig deeper: From the WORLD archives, read Marvin Olasky’s article on why Congress needs to resolve the DACA problem.