Record / E-2026-0010
Supreme Court rules DACA rescission arbitrary and capricious in DHS v. Regents
In Department of Homeland Security v. Regents of the University of California, No. 18-587, decided June 18, 2020, the Supreme Court ruled 5 to 4 that the rescission of the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act. The ruling addressed the adequacy of the agency's explanation for the rescission rather than the legality of the program itself.
Context
The Court did not hold that the program had to continue or that the administration lacked authority to end it; the opinion states that all parties agreed DHS may rescind DACA and that the dispute was about the procedure the agency followed. That left the option of rescinding the program again on a fuller record. The 5 to 4 count describes the APA holding, which Justice Sotomayor joined; the equal protection portion of the opinion had a different alignment.
Legal status
Department of Homeland Security v. Regents of the University of California, No. 18-587, consolidated with Nos. 18-588 and 18-589, 591 U.S. ___ (U.S. June 18, 2020). Holding: DHS's decision to rescind DACA was arbitrary and capricious under the APA.
Sources
The document identifier is the citation. The URL is a resolution mechanism, and the archived copy is what the citation resolves to when the live link dies.
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Department of Homeland Security v. Regents of the University of California, slip opinion
No. 18-587, consolidated with Nos. 18-588 and 18-589, 591 U.S. ___ (U.S. June 18, 2020)