May 11, 2018

Is the Attempt to Rescind DACA Lawful?

Steven D. Gordon

Partner Steven Gordon wrote an analysis on the lawfulness of the Trump Administration's efforts to end the Deferred Action for Childhood Arrivals (DACA) program, and the efforts of courts to invalidate and prevent this from happening.

In his article, Mr. Gordon discusses the "Dreamers" program's subjectivity to judicial review under the Administrative Procedure Act (APA) and whether or not its creator, the Department of Homeland Security (DHS), has provided sufficient rationale for rescinding it. He concludes with the notion that, from a legal perspective, although DACA is a "high-visibility program whose beneficiaries attract considerable public sympathy," it is still simply just an agency policy. Thus, DHS's reasons for adopting or rescinding DACA are immune from APA review.

READ: Is The Attempt To Rescind DACA Lawful?

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