Lower courts ruled the decision to end DACA was 'arbitrary and capricious.' Tuesday, the court's conservative members seemed inclined to overturn.
A divided Supreme Court on Tuesday grappled with the rationale behind President Donald Trump's decision to end protections for 700,000 young immigrants and the subsequent consequences for their families, communities and employers.
At issue in the case is whether the Trump administration followed federal law requiring agencies to base policy changes on sound reasoning that is explained to the public. Lower courts ruled that the decision to end DACA was"arbitrary and capricious" in violation of law.Justice Neil Gorsuch, acknowledging"sympathetic facts" that"speak to all of us" in the case of DACA, suggested the government had in fact provided adequate justification to begin with.
"Nielsen's memo encompasses all," said Trump Solicitor General Noel Francisco. The cancellation of DACA"simply ended the previous non-enforcement policy" towards certain undocumented immigrants. "There's a whole lot of reliance interests that weren't looked at," Sotomayor said,"including the current president telling DACA-eligible people that they were safe under him and that he would find a way to keep them here. And so he hasn't and, instead, he's done this."
"We hold the status quo, and we go back now and we look if there are reasons beyond the contemporaneous reason, which is the Duke memo," Breyer posited.
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