On June 18, 2020, the U.S. Supreme Court held that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action for Childhood Arrivals (DACA) program, thus violating the Administrative Procedure Act (APA). DACA remains in place for now, but the Trump Administration could renew its efforts to terminate the program.
In today’s decision, the Court did not rule on the legality of the DACA program as a whole, only on the manner in which the Administration tried to dismantle it. Though the Court held that the Department of Homeland Security’s decision to terminate DACA was arbitrary and capricious, the decision makes clear that the Department of Homeland Security has the authority to rescind the program, provided it follows proper administrative procedure.
Created in 2012, the Deferred Action for Childhood Arrivals program offered deportation relief and employment authorization to certain undocumented immigrants brought to the country as children, also known as Dreamers.