The Supreme Court permanently barred the Trump administration from abruptly rescinding DACA, the program that has protected Dreamers from deportation for the last eight years.
Chief Justice John Roberts, who has recently taken up the mantle as the court's swing vote, sided with the four liberal justices and authored the majority opinion. However, the court did not make a decision on the legality of DACA but instead focused on whether the way the Trump administration chose to do it violated federal law.
"We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action," Roberts wrote. "Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner."
Texas Attorney General Ken Paxton, who is litigating a battle over the program's legality in the federal court for the Southern District of Texas, swiftly attacked the decision on Twitter.
Attorney General Ken Paxton Issues Statement on #SCOTUS Upholding DACA Program | Read a copy of the opinion here ➡️… https://t.co/lP8FiKPmPJ— Texas Attorney General (@Texas Attorney General)1592491952.0
The decision ended a nearly three-year battle over whether the Trump administration's move to abruptly end the program was "arbitrary and capricious" and therefore violating federal administrative law.
However, Justice Clarence Thomas wrote in dissent that the decision gave a "green light" for fighting future legislative and policy battles in the courts rather than "where they rightfully belong"—Congress and the executive branch.
"Today's decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision," Thomas wrote. "The court could have made clear that the solution respondents seek must come from the legislative branch."
The Obama administration created the Deferred Action for Childhood Arrivals program by executive order after giving up on Congress' ability to do so via legislation. The program allows people brought to the U.S. illegally as children to apply for temporary protection from deportation and issues them a temporary work permit. The protections last for two years and are renewable.
Around 700,000 people in the U.S. are currently protected by DACA, but it does not offer a path to citizenship. According to federal statistics, approximately 107,000 DACA recipients currently live in Texas.
The Supreme Court's decision eliminates almost any chance that a decision on the program's legality would be made before the November election.
South by Southwest announced Tuesday it will include online programming as part of its 2021 festival, but has not eliminated the possibility of an in-person portion of the event.
- Nearly 100 Austin festivals canceled, postponed or at risk as ... ›
- Reeling from canceled festivals, Austin's small businesses find new ... ›
- SXSW sued over no-refund policy after 2020 cancellation - austonia ›
After 21 years in downtown, Buffalo Billiards will join the growing list of memorable Austin businesses to close due to the coronavirus pandemic.
After a recent uptick in new confirmed COVID-19 cases, it appears the trend line is plateauing again and the local positivity rate is holding steady, at around 6%, Austin-Travis County Interim Health Authority Dr. Mark Escott told county commissioners on Tuesday.
"We've had this increase since the beginning of September that's leveling off a bit," he said.
- Flu season: Austin health officials are focused on vaccines - austonia ›
- Austin sees uptick in new COVID cases among 10-19 age group ... ›
- Sewage testing can help detect Austin COVID outbreaks early ... ›
- Austin company seeks volunteers for COVID vaccine trial - austonia ›
Kendra Scott, the Austin entrepreneur who owns a billion-dollar jewelry empire, will be the next guest judge on ABC's "Shark Tank" in its newest Las Vegas season.
Tropical Storm Beta is continuing to line the Texas coast after making landfall late Monday and will bring rain to Central Texas for the next two days.
Like Tupac at Coachella, one professor at the McCombs School of Business is beamed as a hologram before his audience.
- UT Austin reports 72 student COVID cases after first week - austonia ›
- Austin COVID-19 projections show surge scenarios - austonia ›
- FBI looks into Chinese spying on COVID research at UT-Austin ... ›
- Scientists enlist UT-Austin's supercomputers in global war on COVID ... ›
- This is what would lead to a shutdown at UT-Austin this fall - austonia ›
Austinites will decide the fate of $7.1 billion transit overhaul Project Connect—and two PACs are competing for your vote
Austin voters will decide Nov. 3 whether to increase their tax rate to pay for a $7.1 billion, 15-year overhaul of the city's transit system.
Project Connect massive underground rail tunnel<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="1b92a6069738020cade05c1c163212cb"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/OLZM_FXO8Bw?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>The downtown transit tunnel would separate the light rail lines proposed under Project Connect—Capital Metro's 20-year, $7.1 billion overhaul of the city's t...
- CapMetro targets Austin FC fans about Project Connect stop - austonia ›
- Austin City Council will put $7.1 billion Project Connect transit plan ... ›
- CapMetro cuts $3 billion from Project Connect due to COVID ... ›
- This was the year for Project Connect in Austin. Then came ... ›