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The DACA Case (Department of Homeland Security v. Regents of the University of California) | 140 S.Ct. 1891, 207 L.Ed.2d 353 (2020)

Tens of millions of people live in the United States without legal status. They are often the subject of fierce political debate. But in Department of Homeland Security versus Regents of the University of California, or The DACA Case, the fate of five million hinged not on politics, but rather the intricacies of administrative law.

Under President Obama, the Department of Homeland Security created a program called Deferred Action for Childhood Arrivals, or DACA, allowing noncitizens who came to the United States as children to apply for a two-year forbearance of removal. If granted relief, they also became eligible to work and obtain certain federal benefits. The department then created the related program Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, which expanded DACA’s benefits to millions more people.

The Trump administration then rescinded both programs, arguing that they were illegal. Various groups filed three separate lawsuits , contending that the rescission violated the Administrative Procedure Act, or A P A, because it was arbitrary and capricious and that it violated the Equal Protection Clause. The plaintiffs largely prevailed at the trial court level. In one case , the district court vacated the rescission and gave the department an opportunity to further explain its decision. The department issued a new memorandum asserting different grounds for rescission. The Supreme Court consolidated the cases and granted cert.

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