DACA rescission failed basic administrative-law review
Reporting and findings
- ruled unlawful
The Supreme Court held the 2017 DACA rescission reviewable and arbitrary and capricious under the Administrative Procedure Act because DHS failed to consider retaining forbearance and failed to address reliance interests; the Court rejected the equal-protection claim.
Summary and current status
The Supreme Court held the administration's rescission arbitrary and capricious because DHS ignored important policy choices and reliance interests.
Final ruling on the 2017 rescission; later DACA litigation is separate.
People and organizations
- 2017 DACA rescissionchallenged rescission action
- Donald J. Trumppresident directing the rescinding administration
Relationships in this file
- Donald J. Trumpdirected administration that rescinded DACA2017 DACA rescission
Figures
2017 DACA rescission1 action Calculation details
- Basis
- Observed
- Population
- DHS's September 2017 decision to rescind DACA
- Period
- 2020-06-18 to 2020-06-18
- As of
- 2020-06-18
- Method
- Count the rescission once after the Supreme Court held it arbitrary and capricious. The three consolidated proceedings and later DACA-policy litigation are not additional rescissions.
- Uncertainty
- An indexed action, not a comprehensive total. The holding concerns the 2017 rescission's administrative-law defects, not the legality of all later DACA rules.