On June 18, 2020, Chief Justice John G. Roberts Jr delivered the 5-4 opinion in Department of Homeland Security v. Regents of Univ. of California, holding that DHS’s decision to rescind the Deferred Action for Childhood Arrivals program, known as DACA, was arbitrary and capricious under the Administrative Procedure Act.
For the over 600,000 DACA recipients across the country, the Supreme Court’s decision is essential in providing them with a temporary reprieve. While eventful, today’s decision solely ruled that the Trump administration’s rescission of the program was improper based on procedural grounds. The reality, therefore, is that any presidential administration in the future can wipe out the DACA program so long as it does so with proper procedure. For this reason, DACA recipients are continuing to fight for a more permanent pathway to citizenship. As DACA recipients have ample support, the challenge is not in getting such a law enacted. Rather, they want a “clean” law that does not otherwise include harsh enforcement provisions against the immigrants left behind–who may be family or members of their communities.
For Temple Law faculty reactions to other SCOTUS decisions, click here.