Department of Homeland Security v. Regents of the University of CA; Donald J. Trump, President of the U.S. v. National Association for the Advancement of Colored People; McAleenan, Acting Sec. of Homeland Security v. Vidal (U.S. Supreme Court, 2019)


At issue in the trio of DACA cases consolidated by the Court is the Administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) policy. The DACA policy was created by President Obama in 2012 and granted work authorization and relief from deportation — subject to eligibility and agency approval — to undocumented immigrants brought to the United States as children before 2007. DACA recipients would be able to renew their status every two years. The Administration’s decision to rescind DACA unnecessarily disrupts the lives of the approximately 800,000 DACA recipients and their families. ADL joined an amicus brief filed by the Lawyers’ Committee for Civil Rights Under Law and a coalition of civil rights organizations in support of the challenge to the Administration’s decision. The brief argues that the Administration’s decision is a violation of the Administrative Procedure Act (APA), a federal statute that protects against such arbitrary and capricious executive actions, where there are significant reliance interests. The brief describes the significant reliance interest engendered in the areas of education, housing and military service, and asks the court to affirm the decision of the lower courts and enjoin the rescission of DACA.