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The DACA Case (Department of Homeland Security v. Regents of the University of California)
United States Supreme Court
140 S.Ct. 1891, 207 L.Ed.2d 353 (2020)
In 2012 the Department of Homeland Security (DHS) announced the Deferred Action for Childhood Arrivals (DACA) program. The DACA program allowed people under the age of 31 brought to the United States illegally as children who met a series of criteria to remain in the United States and enjoy certain rights. The program was expanded in 2014 amid litigation from 28 states challenging it. In 2017 the Department of Justice (DOJ) wrote a letter to the DHS advising it that DACA was illegal and advising recission. The acting DHS secretary, Elaine Duke, issued a recission of DACA citing its illegality. The regents of the University of California (plaintiff) and other interested parties sued in federal district court, claiming the recission was arbitrary and capricious. DHS countered that recission was not an agency action reviewable by courts and that DHS had gone through the proper methods in rescinding DACA. The new DHS secretary, Kirstjen Nielsen, issued a new recission order that stated multiple reasons for DACA’s recission, which DHS asked the court to consider. The case was appealed to the Supreme Court.
Rule of Law
Holding and Reasoning (Roberts, C.J.)
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