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- Department of Homeland Security v. Regents of the University of California, 591 U.S. ___ (2020), was a United States Supreme Court case in which the Court held that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and reversed the order. DACA was established in 2012 under President Barack Obama to allow children brought into the United States without proper immigration authorization to defer deportation and maintain good behavior to receive a work permit to remain in the U.S.; such children were also called "Dreamers" based on the failed DREAM Act. On his election, President Donald Trump vowed to end the DACA, and the DHS rescinded the program in June 2017. Numerous lawsuits were filed, including one by the University of California system, which many "Dreamers" attended, asserting that the rescission violated rights under the APA and the right to procedural due process under the Fifth Amendment. The University sought and received an injunction from District Court Judge William Alsup to require DHS to maintain the DACA until the case was decided. DHS challenged this order to the United States Court of Appeals for the Ninth Circuit, which upheld Judge Alsup's ruling in November 2018, and ordered the DHS to maintain the DACA throughout the U.S. DHS petitioned to the Supreme Court, which accepted the case in June 2019, joining it with two other DACA-related lawsuits, Trump v. NAACP (Docket 18-588), which had been filed by the NAACP who challenged that rescinding the DACA had a disproportionate impact on minorities, and Wolf v. Vidal (Docket 18-589), which had been filed by a DACA recipient. Oral arguments were heard in November 2019, and the 5–4 decision given on June 18, 2020. While all nine Justices concurred in part on the judgement, the five in majority, with Chief Justice John Roberts writing for the majority, focused only on the application of the due process of the APA in the DHS's decision to rescind the DACA and found it unlawful. Justice Clarence Thomas, in his dissent in part and joined by others, argued that the Court should have further evaluated the legality of the original DACA program as part of their review. (en)
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- Department of Homeland Security v. Regents of the University of California, (en)
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- Thomas (en)
- Kavanaugh (en)
- Sotomayor (en)
- Alito (en)
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- United States Department of Homeland Security, et al. v. Regents of the University of California, et al. (en)
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- The decision on the part of the Department of Homeland Security to rescind the Deferred Action for Childhood Arrivals was both "arbitrary and capricious" under the Administrative Procedures Act. (en)
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- Ginsburg, Breyer, Kagan; Sotomayor (en)
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- Department of Homeland Security v. Regents of the University of California (en)
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- Department of Homeland Security v. Regents of the University of California, 591 U.S. ___ (2020), was a United States Supreme Court case in which the Court held that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and reversed the order. (en)
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- Department of Homeland Security v. Regents of the University of California (en)
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- United States Department of Homeland Security, et al. v. Regents of the University of California, et al. (en)
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