The decision to refile on DACA was widely expected after the Supreme Court ruled last month that the administration failed to give an adequate justification for terminating the program as required by federal law. But the court made clear Trump had the authority to rescind the program, essentially forcing the president to try again or risk the appearance of backing down.
“We have to refile,” Trump told Fox News days after the ruling. “And everything’s going to work out for DACA and the young people, who aren’t so young, if you want to know the truth.”
But the Supreme Court ruling, written by Chief Justice John Roberts, did not compel the Trump administration to file new paperwork against DACA.
“This is not something the Trump administration has to do. The Supreme Court did not tell Trump that he was required, as he says, to refile the paperwork,” said Aaron Reichlin-Melnik, policy counsel at the American Immigration Council.