Document Type
Brief
Publication Date
10-1-2019
Abstract
Amici are professors of administrative law and related public law subjects at institutions across the United States. In their scholarship and their teaching, they have carefully considered the legal doctrines implicated by this case. They submit this brief to address arguments and precedent that are relevant to a central question presented by this appeal: whether the Department of Homeland Security's decision to rescind the Deferred Action for Childhood Arrivals (DACA) policy is judicially reviewable. Amici join this brief solely on their own behalf and not as representatives of their universities. A full list of amici appears in Appendix A.
Under basic precepts of administrative law, the decision to rescind DACA is reviewable. Congress drafted the Administrative Procedure Act intending that, subject to narrow exceptions, agency actions would be judicially reviewable. Among the narrow exceptions carved out from that presumption are enforcement decisions that rest on an agency's exercise of discretion. As this Court has explained, discretionary enforcement decisions typically reflect a complex balancing of factors that lie within the agency's expertise. As such, courts lack any meaningful standards to review them.
Recommended Citation
Mendelson, Nina A., "Department of Homeland Security v. Regents of the University of California, et al.: Brief for Administrative Law Scholars as Amici Curiae in Support of Respondents" (2019). Appellate Briefs. 53.
https://repository.law.umich.edu/briefs/53
Comments
Amicus: Bhagwat, Professor Ash; Buzbee, Professor William W.; Coglianese, Professor Cary; Dorf, Professor Michael C.; Farina, Professor Cynthia R.; Funk, Professor William; Herz, Professor Michael; Levin, Professor Ronald M.; Mashaw, Professor Jerry L.; McGarity, Professor Thomas O.; Mendelson, Professor Nina; Michaels, Professor Jon; Pierce, Professor Richard J. Jr.; Rowell, Professor Arden; Sarnoff, Professor Joshua D.; Seidenfeld, Professor Mark; Shane, Professor Peter M.; Strauss, Professor Peter L.; Wagner, Professor Wendy