Tuesday, July 7, 2020
Immigration Article of the Day: Chief Justice Roberts Gave Us a Roadmap for a Way Forward on DACA by Geoffrey A. Hoffman
Chief Justice’s opinion in the DACA decision gives us a roadmap to a possible future for DACA, and not merely a justification for striking down its rescission. When the Supreme Court denied the government’s attempt to rescind the DACA program, 5-4, on June 18, 2020, it did much more than that. Although the decision self-consciously refuses to opine on the “soundness” of the underlying DACA program, it clearly held DHS violated the Administrative Procedure Act when it acted arbitrarily and capriciously to rescind the program in 2017. It is not obvious, but the decision contains several clues for DACA or DACA-like remedies in the future for certain immigrants. These are laid out carefully by Chief Justice Roberts. One way to read his decision highlights his deliberate hints at what the continuation of prosecutorial discretion for DACA recipients may look like.