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Celebration as the Supreme Court invalidates Trump's termination of the DACA program.

Posted by Richard J. Tasoff | Jun 18, 2020 | 0 Comments

The Supreme Court today issued an important decision both for those in DACA status as well as for all Americans that believe in the rule of law.   In a 5 to 4 decision by the 9 Justices, Chief Justice Roberts issued the majority decision.   The majority said that they were not deciding the wisdom of the DACA program which is a political issue but that the Trump Administration 

DACA is nothing more than a policy to prioritize the removal of some people without lawful status over others.  DACA recipients came to the United States when they were young and through no effort or fault of their own.  These children are now older but they know nothing of the life in their country of birth as they have grown up in the United States and within the American culture.  President Obama issued a policy eight years ago that children that were in this category and had no criminal record would be considered a low priority for removal from the United States.  In addition to making these children a low priority the policy was to issue employment authorization.   

The DACA policy was a temporary fix as Congress failed for over a decade to enact any new law that would address the issue of these children who were brought to the United States by parents rightly or wrongly.  Congress, in the past 8 years has continued to sidestep the issue of immigration reform.   

Another important part of the decision is the Court's finding that the Trump administration failed to follow the law in how it terminated the program.  The Trump administration has a long record of breaking the law in its effort to change policy.  Ironically, if Trump had followed the rules the DACA program would likely have been terminated properly.  

About the Author

Richard J. Tasoff

Senior Partner Richard J. Tasoff is a senior partner in Tasoff & Tasoff, one of the oldest "AV" rated (highest Martindale-Hubbell rating) law firms in Los Angeles specializing in immigration law. Richard, a Certified Specialist in Immigration & Nationality Law (State Bar of California Board of L...

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