What does U.S. Supreme Court’s decision in DHS v. Regents of the University of California imply?

Today on this June 18, 2020, the U.S. Supreme Court (in DHS v. Regents of the University of California) has ruled that the Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals Program, also known as DACA, was arbitrary and capricious under the Administrative Procedure Act. It comes as a big victory for DACA recipients.

But what does it actually imply? For the present, until and unless the Department of Homeland Security (DHS) ends DACA in the correct way as the Court instructed, Dreamers can breathe a sigh of relief. This was a 5 to 4 decision written by Chief Justice John G. Roberts Jr. and joined by the court’s four liberal justices that means that Dreamers across the country will continue to have temporary protection from deportation. The Supreme Court held that the government’s effort to terminate DACA program was arbitrary and capricious and remanded the case for further consideration. Chief Justice John Roberts addressed the fact whether the DHS complied with the procedural requirement that it provided a reasoned explanation for its action. Justice Roberts noted that the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients. That dual failure raises doubts about whether the agency appreciated the scope of its discretion or exercised that discretion in a reasonable manner. The court cited that it underscores the incredible importance of our nation’s foundational principle of separation of powers and the need for accountability in government agency actions. Despite this great decision, the Court has made it clear that the President has both the power to continue the program and the power to terminate if he follows the correct legal process.

Therefore, in the event DHS takes it upon itself to wrestle with the DACA program within the correct parameters, it needs to be seen if DACA has to weather more storms. But until that happens, DACA is here to stay. Dreamers across the country have been living in fear and uncertainty since the current Administration targeted the DACA program for termination. It is thus that the Congress must act immediately and pass permanent protection for Dreamers once and for all. Dreamers have found support from the great majority of Americans from across the political spectrum who want Dreamers protected in the United States. 

In light of today’s judgment, the DHS now has the responsibility to maintain and honor the program.

Vijay Bhagwati, Esq.

Founder and Managing Partner