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Supreme Court of the United States Upholds DACA (Deferred Action for Childhood Arrivals)

By Linnea C. Porter on June 18, 2020
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Republican National Convention, July 18, 2016

In a 5-4 decision written by Chief Justice John Roberts on Department of Homeland Security et al vs. Regents of the University of California, the Supreme Court held that the DACA rescission was improper under the Administrative Procedures Act.

In the decision, Chief Justice Roberts concludes “that the acting secretary violated the [Administrative Procedure Act]” and thus the decision to end the DACA program must be vacated. Today, over 700,000 foreign nationals have availed themselves of the opportunities provided by DACA.

In his opinion, Chief Justice Roberts writes:

“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern.’ Chenery II, 332 U. S., at 207. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”

Chief Justice Roberts was joined in the majority by Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Sotomayor. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh filed opinions that concurred with parts of the dissent and majority.

On June 15, 2012, then-Secretary of Homeland Security Janet Napolitano issued a memorandum creating a non-congressionally authorized administration program that allowed certain individuals who entered the United States as children and met various other requirements, namely lacking current lawful immigration status, to request deferred action for an initial period of up to two years, with the ability to renew thereafter, and eligibility for work authorization. This program became known as DACA – Deferred Action for Childhood Arrivals.

The program has faced continuous constitutional scrutiny since its creation, including the Department of Homeland Security’s order that ended the program in 2017. Lower court rulings enabled the DACA program to continue, ultimately leading to suit being brought before the Supreme Court.

The Supreme Court’s decision is not a final resolution on DACA, but instead rules that the Trump Administration’s total recession of DACA was “arbitrary and capricious” and that the administration failed to give adequate justification for ending the program. This decision keeps the DACA program in place.

The full ruling on the case can be found here.

Photo of Linnea C. Porter Linnea C. Porter

Linnea C. Porter focuses her practice on business immigration matters, including representing domestic and multinational employers before the U.S. Citizenship and Immigration Services, the U.S. Department of Labor and the U.S. Department of State. Linnea represents and advises employers in virtually all areas…

Linnea C. Porter focuses her practice on business immigration matters, including representing domestic and multinational employers before the U.S. Citizenship and Immigration Services, the U.S. Department of Labor and the U.S. Department of State. Linnea represents and advises employers in virtually all areas of business immigration, including nonimmigrant visa categories (B, E, F, H, J, L, O, TN), permanent residence (PERM, Extraordinary Ability/Outstanding Researchers, Multinational Managers and National Interest Waivers), naturalization, and DACA. She has experience counseling a variety of companies from start-ups to multinational organizations in a wide range of industries, including fashion, financial services, IT, pharmaceutical, oil and gas, and alternative energy, on U.S. business immigration, compliance and enforcement actions, and global immigration.

Linnea also assists multinational employers with global mobility matters. Further, Linnea advises employers with I-9 compliance by providing on onsite training, internal audits and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.

Read more about Linnea C. PorterEmailLinnea C.'s Linkedin Profile
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  • Posted in:
    Other
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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