The DACA decision: Department of Homeland Security v. Regents of the University of California and its implications

10 Pages Posted: 18 May 2021 Last revised: 23 Jun 2021

See all articles by Brian Wolfman

Brian Wolfman

Georgetown University Law Center

Date Written: May 15, 2021

Abstract

The Trump Administration's effort to get rid of Deferred Action for Childhood Arrivals, or DACA, failed before the Supreme Court in Department of Homeland Security v. Regents of the University of California, 140 S. Ct. 1891, 1896 (2020). In this essay -- based on a presentation given to an American Bar Association section in September 2020 -- I review DACA, the Supreme Court's decision, and its potential legal implications.

The failure of the Trump Administration to eliminate DACA may have had significant political consequences, and it surely had immediate and momentous consequences for many of DACA’s hundreds of thousands of beneficiaries. Some commentators noted, however, that the Supreme Court’s ruling it is not a major legal landmark—that it involves only the application of settled administrative-law principles. I largely agree with that view. Nonetheless, the decision’s administrative-law holdings are interesting, and the Court’s ruling contains several of what I view as “extras”—little nuances that may impact the law over time and that should interest administrative-law nerds.

Keywords: Deferred Action for Childhood Arrivals, DACA, administrative law, judicial review, Supreme Court, Chief Justice John Roberts, Heckler v. Chaney, Justice Kavanaugh, Administrative Procedure Act

JEL Classification: K23, K37, K41, K42

Suggested Citation

Wolfman, Brian, The DACA decision: Department of Homeland Security v. Regents of the University of California and its implications (May 15, 2021). Available at SSRN: https://ssrn.com/abstract=3846903 or http://dx.doi.org/10.2139/ssrn.3846903

Brian Wolfman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://www.law.georgetown.edu/faculty/brian-wolfman/

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