Fox News correspondent-at-large Geraldo Rivera said on Friday that after President Trump tried to negotiate with congressional Democrats on immigration policy, the Supreme Court’s decision on DACA forced the commander in chief to become an “ardent opponent” of the Obama-era program which protects from deportation those who illegally arrived in the U.S. as children.
“The president wanted the Democrats’ support for his border wall and he was willing to give in on DACA in exchange. The Democrats indicated initially they would go along with it and then they kind of stabbed the president in the back,” Rivera told “Fox & Friends.”
The 5-4 decision, in which Roberts voted with the Court’s so-called “liberal wing,” found that the Trump administration did not take the proper steps to end the Deferred Action for Childhood Arrivals program (DACA) while rejecting arguments that the program is illegal and that courts have no role to play in reviewing the decision to end it.
In his dissent, Justice Clarence Thomas criticized his colleagues for what he called “an effort to avoid a politically controversial but legally correct decision” and contended that DACA was illegal from the moment it was created under the Obama administration in 2012.
“The Court could have made clear that the solution respondents seek must come from the Legislative Branch,” Thomas wrote. “Instead, the majority has decided to prolong [the Department of Homeland Security’s initial overreach by providing a stopgap measure of its own.”
In the majority opinion, Roberts wrote that the ruling “[does] do not decide whether DACA or its rescission are sound policies.” While the Department of Homeland Security can try again to end the DACA program, any new order — and the inevitable legal challenges — will likely take months or even years to be dispensed with.
“I think there is room for a compromise but the president, at the very least, has suffered an abrupt defeat, at least, temporarily by the Chief Justice,” Rivera added.
Rivera said that Trump has been shocked by conservative jurists who have taken liberal positions in recent decisions.
“He says these people certainly don’t like me. He’s certainly going to campaign on filling whatever empty seats he gets the opportunity to fill if he gets elected a second term,” Rivera said.