The court's decision does leave open the possibility that the Trump administration could rescind DACA — just that the process by which they did it in this case was unlawful.
Roberts wrote that the record showed the Department of Homeland Security failed to consider certain"conspicuous" issues when it decided to rescind DACA, including what to do about the young people who had already relied on the program.
He added that should he get elected in November, he will “use the full extent of my executive authority to protect Dreamers and keep their families together,” while also sending a bill to Congress for a path to citizenship. Attorneys for the Trump administration argued DACA was illegal because former Obama overstepped his authority in 2012 when he created the program.
During oral arguments in 2019, Chief Justice Roberts indicated he believed that if DACA was rescinded, the government would not deport those who have received the protections. Immigration officials have saidhave no plans to target DACA recipients en masse, however, they could deport those who have removal orders issued by an immigration judge.
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