The Supreme Court stunned onlookers last week when it ruled that President Donald Trump did not make his case to end the Deferred Action for Childhood Arrivals program.
But now the acting secretary of the Department of Homeland Security, Chad Wolf, said the program will end during an interview with “Meet The Press” on Sunday.
“We’re continuing to look at the opinion that the court produced this week, making sure that we adhere to that,” he said. “But we are going to end an unlawful program,” The Daily Mail reported.
“As the acting secretary of Homeland Security, I don’t have the luxury to ignore the law. The program’s unlawful. We need to solve it,” he said.
Chief Justice John Roberts sided with the liberal wing of the court on a technicality, saying that the administration did not give the correct legal justification for ending the program.
It was another instance of Chief Justice Roberts spurring conservatives the way he did when he decided to allow Obamacare to continue.
“The dispute before the court is not whether DHS may rescind DACA. All parties agree that it may,” the chief justice said in his opinion.
“The dispute is instead primarily about the procedure the agency followed in doing so,’ he wrote in his opinion.,” he said.
The ruling caused cheering from Democrats like New York Sen. Charles Schumer, the Senate Minority Leader who said he cried at the news.
Those were tears of joy, but in reading the decision it appears apparent that the president may end DACA, the administration just has to word their case another way.
His opinion was joined by the four liberal Justices, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.
“We address only whether the [Department of Homeland Security] complied with the procedural requirement that it provide a reasoned explanation for its action,” he said.
“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,” he said.
Wolf insisted that the DACA program is unlawful and will be ended, though it will take more time due to the court’s decision on the case.
“We know is the program is clearly unlawful. And I would point you back to the Supreme Court decision. At no point in that decision did they say that the program was lawful,” he said.
“They simply didn’t like the rationale and the procedures that we used,” Wolf said. “And I find that a little troubling.”
“What we know is the Obama Administration created this program out of thin air,” he said. “They haven’t really been held to task on why they didn’t put this out for public comment and notice. It’s such a large decision on a program, really the American people needed to have some comment into that.”