"Department of Homeland Security v. Regents of the University of Califo" by Leah Litman
 

Document Type

Brief

Publication Date

12-17-2018

Abstract

Questions Presented: The Deferred Action for Childhood Arrivals (DACA) program enables nearly 700,000 undocumented individuals who were brought to the United States as children to live and work here without fear of deportation, so long as they play by the rules. In September 2017, the Acting Secretary of Homeland Security, on the advice of the Attorney General, abruptly decided to terminate the program.

Respondents brought suit to challenge that decision. The district court granted respondents' motion for a preliminary injunction and also denied the government's motion to dismiss for lack of jurisdiction. The court of appeals affirmed.

The questions presented are:

1. Whether either the Administrative Procedure Act (APA), 5 U.S.C. § 701(a)(2), or a particular provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1252(g), precludes judicial review of the Acting Secretary's decision to terminate the DACA program.

2. Whether the district court abused its discretion in entering a preliminary injunction, based on its conclusion that respondents are likely to succeed on the merits of their claim that the decision to end DACA was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law," in violation of the APA, 5 U.S.C. § 706(2)(A), and its balancing of the equities.

Comments

Amicus: Delery, Stuart F.; Rozen, Matthew S.; Morrisson, Haley S.; Wilhelm, Andrew J.; Rosenbaum, Mark D.; London, Judy; Boutrous, Theodore J. Jr.; Dettmer, Ethan D.; Galler, Kirsten; Soleimani, Jonathan N.; Helland, Kelsey J.; Romero, Luis Cortes; Chemerinsky, Erwin; Tribe, Laurence H.; Litman, Leah M.; Leyton, Stacey M.; Brown, Eric P.; Williams, James R.; Hansen, Greta S.; Trice, Laura S.; Quinones, Marcelo

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