9th Circ. Shouldn't Have Halted Rescission Of DACA

By Steven Gordon (November 15, 2018, 1:49 PM EST) -- Last week the Ninth Circuit affirmed a nationwide injunction that bars the Trump administration from phasing out the Deferred Action for Childhood Arrivals, or DACA, program, which provides two-year, renewable deportation protections for about 690,000 "Dreamers," unauthorized immigrants brought to this country as children. The decision in Regents of the University of California v. U.S. Department of Homeland Security[1] was the first appellate ruling on the validity of the effort to end the program. Two members of the appellate panel concluded that the rescission of DACA is subject to judicial review under the Administrative Procedure Act, or APA, and that the plaintiffs were likely to succeed on their claim that the administration's rationale for rescinding DACA was arbitrary, capricious or not in accordance with law. The third member disagreed with this conclusion, but opined that the plaintiffs had plausibly alleged that the rescission of DACA was motived by unconstitutional racial animus. Both of these analyses are flawed. The rescission of DACA, while politically controversial, is lawful....

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