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Constitutional Law Keyed to Choper
Department of Homeland Security v. Regents of the University of California
Citation:
140 S. Ct. 1891 (2020)Facts
In June 2012, DHS under the Obama administration created DACA, which allowed approximately 700,000 undocumented immigrants who came to the U.S. as children to apply for a two-year forbearance of removal, work authorization, and eligibility for certain benefits. In 2017, following a change in administration, Attorney General Sessions advised DHS that DACA was unlawful and should be rescinded. Acting Secretary Duke then issued a memorandum terminating the program based solely on the conclusion that DACA was illegal. After litigation began, Secretary Nielsen issued a new memorandum in 2018 providing additional policy reasons for the rescission. The plaintiffs challenged the rescission as arbitrary and capricious under the APA, arguing that DHS failed to adequately explain its decision and consider important factors such as reliance interests.
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