On June 18, 2019, in the Dept. of Homeland Security v. Regents of the Univ. of CA, the Supreme Court of the United States rendered a decision preserving DACA. The Court first determined it had authority to review the Administration’s decision to rescind the Deferred Action for Childhood Arrival (DACA) program because the program conferred immigration relief. In making this holding the court cited past cases where the courts had been called upon to protect individuals’ interests when abridged unreasonably by the government.
In its review, the Supreme Court then held that the rescission of DACA was “arbitrary and capricious” under the Administrative Procedures Act for two reasons. First, the Department of Homeland Security (DHS) did not provide a sufficient reasoned analysis at the time the DACA rescission was implemented. Second, DHS did not appreciate the full scope of its discretion and how so many people had come to rely on DACA. The court stated that DHS should have explored other alternatives before eliminating the entire policy, crippling the interests of over 700,000 young people. Importantly, the decision DOES NOT foreclose the possibility of rescinding DACA, it simply outlines where the Administration failed to meet the requirements for such a rescission.
It unclear whether the Administration will continue to pursue the DACA rescission, so it is important for students to assess their situations quickly. Rutgers is here to support you. RICAP and the Office of Undocumented Services will be hosting Q & A sessions in the weeks to come as more information becomes available. All Rutgers students with questions regarding DACA should contact RICAP Immigrant Rights Attorney, Jason Hernandez, at RICAP-Info@law.rutgers.edu or 856-225-2302.
- All consultations are at no cost to the student.
- Students seeking financial support for the USCIS filing fee should reach out to RICAP for assistance locating emergency funds.
*This advisory is dated June 19, 2020, and is subject to change. It is not a substitute for individualized legal advice. This document derives information from Understanding the 2020 Supreme Court Decision on DACA.