Supreme Court Upholds DACA, Stating DHS’s Decision to Rescind Was Arbitrary and Capricious

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By: Cristina Perez, Esq.

The U.S. Supreme Court ruled today, June 18, 2020, that Department of Homeland Security’s (“DHS”) decision to rescind the Deferred Action for Childhood Arrivals Program (“DACA”), was arbitrary and capricious under the Administrative Procedure Act in DHS v. Regents of the University of California. In a 5-4 decision, the Supreme Court blocked the Trump administration from terminating DACA, safeguarding the legal status protection for an estimated 800,000 young unauthorized immigrants protected under the DACA program. Among other issues addressed, the Supreme Court held that the administration failed to offer a reasonable explanation for the termination of DACA and “what if anything to do about the hardship to DACA recipients.” This is a pivotal moment of celebration for this group as their lives have been in limbo awaiting this decision. However, it is a cautious celebration as the Trump administration could again attempt to terminate DACA.

If you have any questions regarding the DACA program or immigration law updates, please contact Cristina Perez. Cristina is a Partner in the firm’s Immigration and Employment & Labor Practice Groups. Cristina is based in the firm’s Pasadena office and can be reached at 626.796.4000 or cperez@leechtishman.com.

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Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in alternative dispute resolution, aviation & aerospace, bankruptcy & creditors’ rights, cannabis, construction, corporate, employee benefits, employment, energy, environmental, estates & trusts, family law, government relations, immigration, insurance coverage, intellectual property, international legal matters, litigation, real estate, and taxation. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York, Sarasota and Wilmington, DE.