Supreme Court Strikes Down Rescission of the DACA Program

The Supreme Court has ruled against President Trump’s rescission of the Deferred Action for Childhood Arrivals (DACA) program, citing the rescission as “arbitrary and capricious” and lacking a legal basis.  The 5-4 decision found the Department of Homeland Security failed to comply with the procedural requirement of considering hardships DACA participants might face if the program was rescinded. This ruling allows the DACA program to remain in place for now.

The decision does not prevent the administration from attempting to rescind the program again following a stricter legal path, but there is likely not enough time to do so before the November elections.  The decision, which does not affect new applicants, only allows current DACA participants to continue in their current status.