Sunday, June 30, 2019
Cyrus D. Mehta: Can the Arbitrary and Capricious Standard Under the Administrative Procedure Act Save DACA?
Yes, the Supreme Court will be deciding the lawfulness of the Trump administration's decision to rescind DACA, which three lower courts enjoined. Over the coming weeks and months, expect a fair amount of commentaries on DACA in the Supreme Court
Cyrus Mehta on The Insightful Immigration Blog ("Can the Arbitrary and Capricious Standard Under the Administrative Procedure Act Save DACA?") sees one possibility for saving DACA in the application of the "arbitrary and capricious" standard in was done the Census case written by Chief Justice John Roberts, who was joined on the issue by the four liberal justices.