Regents of the University of California v. United States Department of Homeland Security (The DACA Case)

908 F.3d 476 (2018)

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Regents of the University of California v. United States Department of Homeland Security (The DACA Case)

United States Court of Appeals for the Ninth Circuit
908 F.3d 476 (2018)

  • Written by Rose VanHofwegen, JD
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Facts

In 2012, the Department of Homeland Security (DHS) (defendant) announced the Deferred Action for Child Arrivals program (DACA), allowing noncitizens who arrived in the United States as children to apply for legal work status and deferred action to prevent deportation. President Trump’s administration sought to rescind DACA as illegal from its inception. Multiple states, municipalities, organizations, and DACA recipients (plaintiffs) challenged the rescission as arbitrary and capricious and as violating equal protection and substantive due process on two different grounds. The government countered that the judicial branch had no power to review the determination that DACA was unlawful and that the recipients had no protected substantive due-process interests. The district court nonetheless found the complaint stated equal-protection and due-process violations based on using application information to deport applicants and granted a preliminary injunction but dismissed the due-process claims based on recipients’ having a protected interest in DACA designation and renewals.

Rule of Law

Issue

Holding and Reasoning (Wardlaw, J.)

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