ABSTRACT

District Court Enjoins DACA Phase-Out: Explanation and Takeaways [April 26, 2018]   [open pdf - 415KB]

"On April 24, 2018, a federal district court in the District of Columbia held that the rescission of the Deferred Action for Childhood Arrivals initiative (DACA) violates the Administrative Procedure Act (APA). The decision, 'NAACP ( National Association for the Advancement of Colored People) v. Trump', grants permanent relief that differs from the nationwide preliminary injunctions granted by district courts in the Northern District of California and the Eastern District of New York. Specifically, the NAACP court decided to vacate the DACA rescission and remand it to the Department of Homeland Security (DHS) [...] because the legal reasoning that formed the basis for the rescission was 'scant' and 'barebones.' But the district court stayed the vacatur order for 90 days to give DHS 'an opportunity to better explain its rescission decision. [...] NAACP does not change the current availability of DACA relief: the preliminary injunctions issued by the other two district courts continue to require DHS to process DACA renewal applications but not initial applications. However, if the NAACP vacatur order goes into effect at the end of the 90-day stay-that is, if DHS does not supply new reasoning that adequately justifies [...] the rescission of DACA-the order will require DHS to process both initial and renewal applications. The NAACP court expressed doubt as to whether DHS will be able to provide an adequate justification."

Report Number:
CRS Legal Sidebar, LSB10057
Author:
Publisher:
Date:
2018-04-26
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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