ABSTRACT

District Court Enjoins DACA Phase-Out: Explanation and Takeaways [March 7, 2018]   [open pdf - 405KB]

"Following the publication of this Sidebar, additional developments have arisen that affect the Trump Administration's planned phase-out of the Deferred Action for Childhood Arrivals (DACA) program. On February 13, 2018, the U.S. District Court for the Eastern District of New York became the second federal district court to issue a nationwide preliminary injunction limiting the DACA phase-out to aliens who have not yet obtained DACA benefits. The district court's injunction mirrors the nationwide injunction issued by the U.S. District Court for the Northern District of California that is discussed in this Sidebar, and the reasoning behind each injunction was largely similar. Both courts held that plaintiffs were likely to succeed on the merits of their claims under the Administrative Procedure Act that DHS's decision to end DACA was 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.'"

Report Number:
CRS Legal Sidebar, LSB10057
Author:
Publisher:
Date:
2018-03-07
Copyright:
Public Domain
Retrieved From:
Via E-mail
Format:
pdf
Media Type:
application/pdf
URL:
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