Friday, May 17, 2019
Joining the Ninth Circuit, the U.S. Court of Appeals for the Fourth Circuit, in an opinion by Judge Albert Diaz, joined by Judges Robert King, with Julius N. Richardson dissenting in part, affirmed a finding of the district court that the Trump administration's rescission of DACA was unlawful:
"we agree with the district court that Plaintiffs’ challenges are subject to judicial review. We also agree with the district court that the government’s decision to rescind DACA did not require notice and comment under the APA. But the decision nonetheless violated the [Administrative Procedure Act] because—on the administrative record before us—it was not adequately explained and thus was arbitrary and capricious."
Jaqueline Thomsen for The Hill summarizes the opinions in the Fourth Circuit decision.