September 11, 2020

Department of Homeland Security v. Regents of the University of California

In 2012, during the Obama Administration, Secretary of Homeland Security Janet Napolitano announced the Deferred Action for Childhood Arrivals program (DACA). Through the program the government granted a temporary, but renewable, pardon from deportation to young people who were present in the United States without authorization and who met specified criteria. In 2017, the Trump Administration withdrew DACA arguing that it lacked authority to maintain DACA because the executive branch had illegally overstepped its power when it first started the program in 2012. 

Issues before the Court:

1. Can the courts review the government’s rescission of the Deferred Action for Childhood Arrivals (DACA) program?

2. Was the government’s decision to rescind DACA a violation of the APA?

Classroom Case Study

This classroom case study provides:

  • background on the legal issues in the case;
  • facts of the case;
  • key legal definitions;
  • argument summaries for the petitioner, respondent, and some of the amicus briefs; and
  • focus questions for fostering classroom discussion

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The classroom case study was modified from PREVIEW of United States Supreme Court Cases. It can be used for teacher reference and provides a more detailed look at the case.

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