The Bizarre DACA Decision

June 23, 2020

by John McClaughry

The media has excitedly announced that the Trump administration took a beating at the Supreme Court, in its effort to undo  2012  Obama executive order giving  benefits to children who were brought here by their illegal immigrant parents. This is known as Deferred Action for Childhood Arrivals, or DACA. 

Justice Clarence Thomas

The Court held that the Trump administration didn’t correctly follow the Administrative Procedures Act when it revoked the executive order that Obama issued without complying with the Administrative Procedures Act.

Actually a majority of both parties in Congress would be happy to legalize DACA children, who have lived here almost all of their lives. But the Democrats want to open the immigration gates and legalize DACA, while the Republicans want to tighten immigration and legalize DACA. So they can’t legalize DACA.   This is pathetic.

Personally, I’m all for legalizing the DACA children. But what Obama did was clearly illegal. In dissent, Justice Thomas wrote  “Today the majority makes the mystifying determination that this rescission of DACA was unlawful from its inception. …. So long as the agency’s determination of illegality is sound, our review should be at an end. … The majority erroneously holds that the agency is not only permitted, but required, to continue administering unlawful programs that it inherited from a previous administration.”

I couldn’t agree more. Five  Justices are telling Trump that he can’t reverse his predecessor’s illegal act. This is utterly ridiculous.

John McClaughry is vice president of the Ethan Allen Institute

{ 3 comments… read them below or add one }

Robert Fireovid June 26, 2020 at 9:23 pm

I absolutely agree John! Obama illegally created DACA. My son-in-law is a DACA individual; and in spite of the fact that his parents died in the USA when he was young and he married a U.S. citizen, the DNC’s refusal to negotiate reasonably on getting any help to undocumented immigrants who deserve help is mean and immoral! The DNC is more interested in playing political games than doing the right thing.


Mike June 27, 2020 at 1:00 pm

If the Supreme Court whose role as I understand it is to serve as a referee in disputes regarding the constitutionality of bills passed by congress and signed into law by the president. Getting involved in executive decisions is walking down a slippery slope. Having said that, when one looks a DACA, in and of itself allowing illegals to remain in the US is wrong. Then one pauses and considers those affected. Adults brought here as children who have been educated here, created a happy and productive life for themselves, abide by the laws of the land, become good neighbors, and pay taxes, will be subject to deportation one has to agree that DACA while as an executive order should not be subject to Supreme Court review, is indeed a humane order that Trump should not have recinded.


John Boucher June 27, 2020 at 2:34 pm

Yes. We should deffinently tighten our boarders. And evaluate our imagration system, if the people of DACA had the right to live here all this time with out incident then it is wrong to take it away. They should be allowed to file for resident visas, or citizenship. Our Congress needs to quit pussy footing around on the subject and find common ground! It’s not the President’s fault, it’s our elected lifers in Congress that haven’t come together on anything in the past 12 years or more.


Leave a Comment

Previous post:

Next post:

About Us

The Ethan Allen Institute is Vermont’s free-market public policy research and education organization. Founded in 1993, we are one of fifty-plus similar but independent state-level, public policy organizations around the country which exchange ideas and information through the State Policy Network.

Latest News

VT Left Wing Media Bias Unmasks Itself

July 24, 2020 By Rob Roper Dave Gram was a long time reporter for the Associated Press, is currently the host of what’s billed on WDEV as a...

Using Guns for Self Defense – 3 Recent Examples

July 24, 2020 By John McClaughry  The Heritage Foundation’s Daily Signal last week published eleven news stories about citizens using a firearm to stop a crime. Here are...

FERC ruling on solar subsidies could help Vermont ratepayers

July 21, 2020 By John McClaughry Last Thursday, the Federal Energy Regulatory Commission finalized its updates to the Public Utility Regulatory Policies Act (PURPA), in what the majority...

The Moderate Left’s Stand for Free Speech

July 17, 2020 By David Flemming Harper’s Magazine, a long-running monthly magazine of literature, politics, culture, finance, and the arts, is hardly what you would call a ‘politically...

Trump’s Regulatory Bill of Rights

July 16, 2020 by John McClaughry “President Trump [last May] issued an executive order entitled  ‘Regulatory Relief to Support Economic Recovery.’ The executive order includes a regulatory bill...