Affirming the position of tech advocates, Supreme Court overturns Trump’s termination of DACA

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The U.S. Supreme Court ruled today that President Donald Trump’s administration unlawfully ended the federal policy providing temporary legal status for immigrants who came to the country as children.

The decision, issued Thursday, called the termination of the Obama-era policy known as the Deferred Action for Childhood Arrivals (DACA) program “arbitrary and capricious.” As a result of its ruling, nearly 640,000 people living in the United States are now temporarily protected from deportation.

While a blow to the Trump Administration, the ruling is sure to be hailed nearly unanimously by the tech industry and its leaders, who had come out strongly in favor of the policy in the days leading up to its termination by the current president and his advisors.

At the beginning of 2018, many of tech’s most prominent executives, including the CEOs of Apple, Facebook, Amazon and Google, joined more than 100 American business leaders in signing an open letter asking Congress to take action on the DACA program before it expired in March.

Tim Cook, Mark Zuckerberg, Jeff Bezos and Sundar Pichai made a full-throated defense of the policy and pleaded with Congress to pass legislation ensuring that “Dreamers,” or undocumented immigrants who arrived in the United States as children and were granted approval by the program, can continue to live and work in the country without risk of deportation.

At the time, those executives said the decision to end the program could potentially cost the U.S. economy as much as $215 billion.

In a 2017 tweet, Tim Cook noted that Apple employed roughly 250 “Dreamers.”

The list of tech executives who came out in support of the DACA initiative is long. It included: IBM CEO Ginni Rometty; Brad Smith, the president and chief legal officer of Microsoft; Hewlett Packard Enterprise CEO Meg Whitman; and CEOs or other leading executives of AT&T, Dropbox, Upwork, Cisco Systems, Salesforce, LinkedIn, Intel, Warby Parker, Uber, Airbnb, Slack, Box, Twitter, PayPal, Code.org, Lyft, Etsy, AdRoll, eBay, StitchCrew, SurveyMonkey, DoorDash and Verizon (the parent company of Verizon Media Group, which owns TechCrunch).

At the heart of the court’s ruling is the majority view that Department of Homeland Security officials didn’t provide a strong enough reason to terminate the program in September 2017. Now, the issue of immigration status gets punted back to the White House and Congress to address.

As the Boston Globe noted in a recent article, the majority decision written by Chief Justice John Roberts did not determine whether the Obama-era policy or its revocation were correct, just that the DHS didn’t make a strong enough case to end the policy.

“We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action,” Roberts wrote. 

While the ruling from the Supreme Court is some good news for the population of “Dreamers,” the question of their citizenship status in the country is far from settled. The U.S. government’s response to the COVID-19 pandemic has basically consisted of freezing as much of the nation’s immigration apparatus as possible.

An executive order in late April froze the green card process for would-be immigrants, and the administration was rumored to be considering a ban on temporary workers under H1-B visas as well.

The president has, indeed, ramped up the crackdown with strict border control policies and other measures to curb both legal and illegal immigration. 

More than 800,000 people joined the workforce as a result of the 2012 program crafted by the Obama administration. DACA allows anyone under 30 to apply for protection from deportation or legal action on their immigration cases if they were younger than 16 when they were brought to the U.S., had not committed a crime and were either working or in school.

In response to the Supreme Court decision, the President tweeted “Do you get the impression that the Supreme Court doesn’t like me?”

 

 

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