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12 ¦ JUNE 22, 2020 NEWS
¦ From CONNECTICUT on PAGE 11 California Attorney General Xavier Becerra said
“Here the agency failed to consider the conspicu- in a statement:
ous issues of whether to retain forbearance and what “Ending DACA would have been cruel to the hun-
if anything to do about the hardship to DACA re- dreds of thousands of Dreamers who call America home,
cipients,” wrote Roberts. “That dual failure raises and it would have been bad for our nation’s health. To-
doubts about whether the agency appreciated the day we prevailed on behalf of every Dreamer who has
scope of its discretion or exercised that discretion in worked hard to help build our country—our neighbors,
a reasonable manner.”
teachers, doctors, and first responders. The highest court
The court did not decide whether “DACA or its in our land saw through the Trump Administration’s
rescission are sound policies,” Roberts wrote. He illegal, baseless excuses. The court agreed: If you work
continued: “We address only whether the agency hard and play by the rules, you deserve a chance to get
complied with the procedural requirement that it ahead.”
provide a reasoned explanation for its action.” The court’s decision came after an unusual post-
The court said the “appropriate argument brief was filed by lawyers
recourse” was to remand the ques- for the Dreamers in one of the
tion of DACA rescission to the three cases before the justices. The
Department of Homeland Securi- brief informed the justices that
ty “to consider the problem anew.” 27,000 Dreamers are health care
Although all nine members of Lt. Gov. Susan Bysiewicz workers and nearly 200 are medical
the court agreed that the execu- students, residents and physicians,
tive branch has the authority to echoed the governor’s many now fighting the virus across
rescind the program, Justice Clar- remarks. “The U.S. Supreme the nation.
ence Thomas, joined by Justices
Samuel Alito Jr. and Neil Gorsuch, Court’s ruling today Terminating the program
dissented in part, writing, “To- solidifies what what we would have a “catastrophic” effect
day’s decision must be recognized already know—Dreamers on fighting the virus and on the
for what it is: an effort to avoid a are as American as you and economy, they told the justices.
I, and our families.”
politically controversial but legally “The pandemic sheds new light
correct decision. The court could on the reliance interests of health-
have made clear that the solution care providers and the public health
respondents seek must come from consequences of ignoring those
the Legislative Branch.” Alito also interests,” wrote Michael Wishnie
wrote separately, dissenting in part, as did Justice of the Jerome N. Frank Legal Services Organization,
Brett Kavanaugh. counsel of record in the case Wolf v. Vidal.
Justice Sonia Sotomayor wrote in her concur- The DACA program was created in 2012 by the
ring opinion: “The majority rightly holds that Obama administration and provided temporary, re-
the Department of Homeland Security (DHS) newable relief from deportation to children brought
violated the Administrative Procedure Act in to the United States by their undocumented parents.
rescinding the Deferred Action for Childhood It also allows them to work. In 2017, the Trump ad-
Arrivals (DACA) program. But the Court fore- ministration announced it would end the program,
closes any challenge to the rescission under the which would make an estimated 700,000 young
Equal Protection Clause. I believe that determi- people eligible for deportation.
nation is unwarranted on the existing record and A three-judge panel in 2018 ruled against the
premature at this stage of the litigation. I would government. In the case Dept. of Homeland Secu-
instead permit respondents to develop their equal rity v. Regents, University of California, U.S. Solicitor
protection claims on remand.” General Noel Francisco asked the justices to decide
CONNECTICUT
Law Tribune

