The Supreme Court’s opinion overturning the Trump Administration’s rescission of Deferred Action for Childhood Arrivals (DACA), DHS v. Regents of Univ. of California, 591 U.S. xx (June 18, 2020), is a victory for all DACA recipients. And it happened because the majority of the Supreme Court could see them: the 700,000 human beings temporarily protected by DACA, their 200,000 U.S. citizen children, the other members of their families, their neighbors, their employers, their schools, and the nation’s land-of-immigrants mythology. In contrast, the Department of Homeland Security (DHS) chose not to see the individual lives turned upside down, the loss to the U.S. economy, the damage to the fabric of neighborhoods, regions, and to the nation as a whole.

According to SCOTUS, it was the administration’s failure to pause and weigh the ensuing hardships that made the rescission of DACA unlawful. In legal terms, DHS’s failure even to consider the “reliance interests” of DACA recipients rendered the rescission “arbitrary and capricious.” DHS had the authority to discount the reliance of DACA recipients on the program, but DHS at least had to look at them and the pain and harm that would result from ending DACA.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]