On June 18th, the United States Supreme Court ruled that the U.S. Department of Homeland Security (“DHS”) acted arbitrarily and capriciously when it rescinded Deferred Action for Childhood Arrivals (“DACA”) and ordered DACA to stand.
The DACA program, an Obama administration policy which provides deferred action on removal proceedings and grants work authorization to certain undocumented immigrants who arrived in the United States illegally as minors has been a contentious issue that has been through a series of federal legal challenges. The Trump administration had sought to end DACA on the grounds that the Obama administration violated the law by granting undocumented immigrants employment authorization.
While the Court’s decision enables roughly 700,000 DACA participants to renew their applications for deferred action and employment, the Court also acknowledged that DHS retains the authority to rescind DACA provided such rescission is done in accordance with proper administrative procedures.
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