Thursday, January 16, 2020

Op-ed describes central issue in DHS v. UC Regents DACA case as "telling the truth"

Professor Morgan Marietta in an op-ed for The Conversation frames the central issue in DHS v. Regents of University of California as whether the government has to "tell the truth" about its reasons for rescinding DACA. This clear-eyed description of the technicalities of arbitrary and capricious review is worth a look.

The case in front of the court is not about whether the president of the United States has the authority to rescind DACA. All of the parties involved agree that he does. The actual question reflects the current politics of what has been called the post-fact era: Under American law does the executive branch have to give complete and accurate reasons for its actions?

The consequences have been noted in many ImmigrationProf blog posts, including this recent one from KJ sharing a trend of decreasing numbes of DACA recipients since the litigation began.


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