Thread by @HMAesq

#DACA survives. Here's what everyone needs to know. (Thread)

THE OPINION

The revocation of DACA was unlawful. But to be clear: this was *not* a decision upholding the constitutionality of DACA. And that underscores the 1st takeaway: Celebrate, but this is NOT over.

What was illegal about it? Bluntly: they screwed up. Trump, Miller, then-Secy Elaine Duke, then-AG Jeff Sessions, and later then-Secy Nielsen all thought they could simply cancel DACA and not have to show their math. The Supreme Court did not let them get away with it.

If a government agency puts forth a rule, it has to show its math.

Imagine a rule that all cars have to have either airbags or automatic seat belts as a secondary form of safety. Then the agency, showing its math, decides that automatic seat belts (remember those?) don't work.

But then the agency decides, based only on the automatic seat belts not working, that it doesn't have to put in airbags, either.

This actually happened, and is the example the Supreme Court used to expose the error made by the administration in revoking DACA.

They relied on the 5th Circuit's decision shutting down Obama's 2nd attempt at deferred action: DAPA, figuring if DAPA was unlawful, so was DACA. But the administration *totally* ignored the reasoning of the 5th Circuit and thus the reliance on the DAPA decision was misplaced.

DACA was built on both forbearance of deportation [call it the airbags] and providing benefits such as work authorization, social security, etc [the automatic seat belts]. The DAPA decision was limited only to the benefits side, and had nothing to do with forbearing deportation.

The administration relied only on the rationale about benefits in the DAPA case, finding same to be applicable in DACA, without looking at the benefits side of the equation. And that was an error. QED.

SHOW YOUR MATH.

After so many months of relentless attack on our institutions - including the courts - today's decision holding this reckless administration's feet to the fire was a breath of fresh air.

The administration accused Obama of acting by executive fiat in passing DACA, but today's decision makes clear the Supreme Court accused this administration of doing the same thing in revoking it.

It's their own fault and they have no one to blame but themselves.

DISCRIMINATORY ANIMUS
While the win is euphoric, I do want to say a word about Justice Sotomayor's concurring opinion. The plurality agreed DACA's revocation was unlawful on procedural grounds, but found there was no case for the discriminatory animus ground.

Sotomayor didn't mince words: she tied in Trump's deplorable comments about Latinos (and Mexicans) to his hateful comments about Muslims in the context of the #MuslimBan, and forcefully said this should be litigated.

Spoiler alert: Bigotry drove DACA rescission.

The plurality found DACA rescission to be naturally following DAPA rescission, but it was highly suspect to Sotomayor: “The abrupt change in position plausibly suggests that something other than questions about the legality of DACA motivated the rescission decision.”

As someone who's been knee-deep in the #TantonPapers that started the movement that led to the failed rescission of DACA, I strongly agree.

We HAVE TO STOP BEING AFRAID OF CALLING OUT WHITE NATIONALISM IN ALL ITS CAMOUFLAGED FORMS.

Or else there is nothing for a judge to review. This fuels my desire to expose the eugenicist roots of our immigration policies. Don't let the #TantonNetwork control the narrative: we must. What else to take away from the protests in our country screaming for systemic change?

This point is strengthened when once considers how ill-informed and off-base the dissent is. Justices Alito, Thomas, Gorsuch, Kavanaugh all fundamentally misunderstand basic immigration law concepts like "lawful presence" and "status."

No surprise here. I attended oral arguments in the DAPA case and still remember Justice Alito incredulously asking 'How can an immigrant be authorized to work here but not be here?' which is a *very* simple question for any immigration lawyer who's ever filed a c18 work permit.

Basically: DACA (or deferred action in general) isn't lawful status. It's merely an agreement not to deport for a certain time, during which one gets work authorization.

But the conservative wing of the Court continued to parrot the talking points I've heard so much from the Tanton Networks I see them in my sleep: "Emperor Obama did an end-run around Congress and gave all these foreigners benefits!"

Except that's NOT what Obama did, and while I can understand the racists in the Trump administration repeating it, I expect more from a sitting Supreme Court Justice.

WHAT'S NEXT?
I don't know whether the administration will try to re-rescind DACA before November. If they do, expect an immediate challenge. If another injunction can be in place, we may only need it until November - assuming we all get out and vote this evil administration out!

For now, I only point out two things: 1) yes, DACA can be re-rescinded, and 2) new policies can be put into place to be stricter on DACA filings from here on out.

It appears - for now - that USCIS must accept DACA as if it were 2012. That means first-time filers, and it also means advance parole for DACA holders, because these two items remained revoked even while nationwide injunctions partially restored DACA in 2017. Stay tuned.

If I haven't said it loudly enough: NOW'S THE TIME TO ACT. DACA was, and is, thin ice. Dreamers deserve better and we need a permanent fix. That starts with H.R. 6 - the American Dream and Promise Act of 2019. Call your Congressfolk and tell them to support it.

And if they're silent - punish at the polls. Your vote is more than your voice - it's a tool.

Take a break and enjoy the victory today, folks. It was a beautiful decision, despite all the tragedy in the world today. But please don't let up the pressure. This can never be over.