Supreme Court (United States), Department of Homeland Security v. Regents of the University of California, 591 U.S. (2020)

The Dreams Live on for Now — An Arbitrary and Capricious Rescission of DACA Cannot Stand

Authors

  • Jack Mangala

Abstract

In Department of Homeland Security v. Regents of the University of California, the Supreme Court of the United States held that the Trump administration’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious. The Court found that the administration violated the reasoned decision-making requirement under the Administrative Procedure Act by 1) failing to distinguish between the protection from deportation and the benefits granted to recipients under DACA; 2) not considering the consequences of the decision on DACA recipients, their families and communities.

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Published

2023-07-19

Issue

Section

Case Law Commentaries