Courts often decide administrative law questions by answering the “two Rs:” reviewability and reasonableness. Reviewability is the threshold, procedural issue; reasonableness assesses whether the substance of the decision was arbitrary and capricious. The U.S. Supreme Court is currently examining a high-profile immigration case under this rubric. The court heard oral argument in November 2019 in Department of Homeland Security v. Regents of the University of California, a case that asks whether the Trump administration lawfully terminated the Deferred Action for Childhood Arrivals policy, also known as DACA.

President Barack Obama initiated DACA in 2012. The program offered temporary protections to young immigrants who were brought to the United States illegally as children or came with families who overstayed visas. DACA gave young undocumented immigrants a two-year renewable protection from deportation and a work permit. DACA recipients, commonly referred to as “Dreamers,” needed to satisfy several requirements to earn these temporary protections. There are nearly 700,000 Dreamers currently residing in the United States.

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