Supreme Court Saves DACA

June 18, 2020. In an historic 5-4 decision the United States Supreme Court ruled today that the Trump administration’s effort in 2017 to terminate the program known as DACA violated the law.

From the Opinion in Dept. of Homeland Security v. Regents of Univ. of California, authored by Chief Justice John Roberts:

“In the summer of 2012, the Department of Homeland Security (DHS) announced an immigration program known asDeferred Action for Childhood Arrivals, or DACA. That program allows certain unauthorized aliens who entered the United States as children to apply for a two-year forbearance of removal. Those granted such relief work authorization and various federal benefits. Some 700,000 aliens have availed themselves of this opportunity. 

Five years later, the Attorney General advised DHS to rescind DACA, based on his conclusion that it was unlawful. The Department’s Acting Secretary issued a memorandum terminating the program on that basis. The termination was challenged by affected individuals and third parties who alleged, among other things, that the Acting Secretary had violated the Administrative Procedure Act (APA) by failing to adequately address important factors bearing on her decision. For the reasons that follow, we conclude that the Acting Secretary did violate the APA, and that the rescission must be vacated.” 

  • 43,500 DACA recipients work in the health care and social assistance industries, including 10,300 in hospitals and 2,000 in nursing care facilities.
  • 21,100 operate in transportation and warehousing, including 6,400 in warehousing and storage and 5,100 in truck transportation.
  • 32,800 are employed in retail trade, including 12,400 in supermarkets, 3,200 in pharmacies, and 5,200 in merchandise stores such as warehouse clubs.
  • 14,500 work in the manufacturing sector, which includes food and beverage, pharmaceutical, cleaning products, and medical equipment manufacturing.
  • 13,300 work in support and waste management services, including 10,100 who work in services to buildings and dwellings and 1,000 in waste management.


Writer, attorney, Lawprof Emerita from Northern Illinois University.
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