Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. Insights
    3. Articles
    4. U.S. Supreme Court upholds DACAArticles

    Article

    U.S. Supreme Court upholds DACA

    June 18, 2020

    Share

    By Jason Gerrol

    On June 18, 2020, the U.S. Supreme Court issued a major victory for “Dreamers” and supporters of the Deferred Action for Childhood Arrivals (DACA) program, finding the Trump administration’s decision to terminate DACA was arbitrary and capricious in violation of the Administrative Procedure Act (APA). The decision effectively allows DACA recipients to remain safe from deportation, albeit perhaps temporarily, as the Trump administration and the Department of Homeland Security (DHS) review options regarding the future of the DACA program.

    On June 18, 2020, the U.S. Supreme Court issued a major victory for "Dreamers" and supporters of the Deferred Action for Childhood Arrivals (DACA) program, finding the Trump administration's decision to terminate DACA was arbitrary and capricious in violation of the Administrative Procedure Act (APA). The decision effectively allows DACA recipients to remain safe from deportation, albeit perhaps temporarily, as the Trump administration and the Department of Homeland Security (DHS) review options regarding the future of the DACA program.

    DACA was announced in June 2012 by President Obama and DHS, and provides protection from removal (deferred action) and employment authorization to eligible unauthorized immigrants who came to the U.S. as children with their parents or guardians, also known as "Dreamers." The program was created by executive action after Congress failed to enact the Dream Act and afford such children with lawful status. Approximately 700,000 "Dreamers" have applied for and received DACA protection and benefits.

    On September 5, 2017, the Trump administration announced the termination of the DACA program, claiming the program was unlawful and citing an earlier decision striking down a similar program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The decision to end DACA, however, was quickly met with legal challenges, and on November 8, 2018, the Ninth Circuit Court of Appeals upheld a lower court ruling requiring DHS to continue accepting DACA renewal requests from individuals previously granted DACA status. Similar orders were issued by the Second and D.C. Circuit courts, resulting in final review by the U.S. Supreme Court.

    In a 5–4 decision, the U.S. Supreme Court held that the decision to terminate DACA was arbitrary and capricious in violation of the APA for (1) failure to provide an adequate explanation for why the DACA program was unlawful and had to be terminated; and (2) failure to consider the "reliance interests" of DACA recipients, or in other words, the fact that many DACA recipients have enrolled in degree programs, started businesses, purchased homes, etc., in reliance on DACA. While DHS "may determine ... that other interests and policy concerns outweigh any reliance interests," DHS nevertheless failed to perform that analysis in violation of the APA.

    The Court was careful to distinguish their earlier decision regarding DAPA, which was challenged on the basis not of its deferred action provisions, but on extending benefits to a class of unauthorized immigrants in violation of the Immigration and Nationality Act, and therefore "foreclosed by Congress's careful plan." DACA also extends benefits to a class of unauthorized immigrants, but according to the Court, "[e]ven if it is illegal for DHS to extend work authorization and other benefits to DACA recipients," that conclusion does not cast doubt on the legality of DACA's deferred action provisions, and does not support terminating the entire DACA program without adequate explanation for doing so.

    While the decision is an important victory for Dreamers, the future of DACA nevertheless remains in doubt. Congress has not been able to pass any meaningful immigration legislation in years, and it is possible the Trump administration may revisit their decision to terminate DACA by attempting to remedy the APA deficiencies identified by the Court.

    ImmigrationExecutive ActionsLaw And Policy UpdatesLegislative And Court Updates

    Practices

    Immigration

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL