In striking down the Trump Department of Homeland Security's memorandum rescinding Deferred Action For Childhood Arrivals – or DACA –  on Thursday, the U.S. Supreme Court got it wrong. And I'll tell you why.

The DACA program, created by an executive order by Barack Obama, enabled some 1.7 million illegal aliens who were brought here by parents who entered the country illegally to qualify for temporary lawful presence in the U.S. as well as taxpayer-funded benefits. Obama acted when Congress was unable to agree to legislation concerning the fate of the so-called "Dreamers." Obama admitted that he didn't have the constitutional authority to establish DACA but was frustrated by the inaction of Congress.

President Trump has attempted to get Congress to address the DACA issue but has had little success. Trump has indicated that he would sign a DACA bill should one be sent his way yet Congress has still not acted. Had the Supreme Court ruled in favor of DHS and rescinded Obama's executive order, it would have forced Congress to deal with the DACA issue once and for all.

The Supreme Court rejected the DHS memorandum on procedural grounds and not on the merits of the executive order that created DACA. By doing so, the justices skirted the issue of whether the Obama executive order is constitutional. This decision further politicizes the Supreme Court while providing shade for a Congress that refuses to do its job.

Immigration laws are the responsibility of the legislative branch of government and not the executive or judicial branches. The fate of the Dreamers is for the elected members of Congress to decide and not the president through executive order or appointed justices of the Supreme Court.

Congress, do your job.

Barry Richard is the host of The Barry Richard Show on 1420 WBSM New Bedford. He can be heard weekdays from noon to 3 p.m. Contact him at and follow him on Twitter @BarryJRichard58. The opinions expressed in this commentary are solely those of the author.

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