On June 18, 2020, the Supreme Court of the United States issued their decision in DEPARTMENT OF HOMELAND SECURITY ET AL. v. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL. (Click here to read the entire decision DACA – Supreme Court of the United States – Decision June 18, 2020 ).
The high court held that the Department of Homeland Security's (“DHS”) decision to terminate the Deferred Action for Childhood Arrivals (“DACA”) program was “arbitrary and capricious” and violated the Administrative Procedures Act. DHS' action to terminate DACA was not reasonable nor reasonably explained. DHS did not properly consider, among other issues, the hardship to DACA recipients when terminating DACA.
It is clear that the DACA matter is not over. The Court correctly stated that its role was not to decide the policy questions surrounding DACA. It remanded the issue back to DHS so that it can consider its explanation to terminate DACA.
If you are a recipient of DACA benefits or to determine DACA eligibility, contact our office if you have any questions.
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