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Administrative Law Keyed to Breyer
The DACA Case (Department of Homeland Security v. Regents of the University of California)
Citation:
140 S. Ct. 1891 (2020), 591 U.S. 1 (2020)Facts
In 2012, under the Obama administration, DHS established the DACA program through a memorandum issued by then-Secretary Janet Napolitano. DACA allowed certain young undocumented immigrants who had been brought to the United States as children to apply for a two-year forbearance of removal, which could be renewed. DACA recipients also became eligible for work authorization and certain federal benefits. By 2017, approximately 700,000 individuals had been granted DACA status. In September 2017, following a change in presidential administrations, then-Attorney General Jeff Sessions sent a letter to Acting Secretary of Homeland Security Elaine Duke advising that DACA should be rescinded because it shared the same legal defects as a related program (DAPA) that had been enjoined by the Fifth Circuit. The next day, Acting Secretary Duke issued a memorandum rescinding DACA. Her memorandum relied on the Attorney General’s legal determination and announced a wind-down process for the program. Multiple groups challenged the rescission, arguing that it violated the APA and the equal protection guarantee of the Fifth Amendment.
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