[20200618]LSB10497_最高法院：DACA的撤销违反了APA.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court: DACA Rescission Violated the APA June 18, 2020 On June 18, 2020, in the case Department of Homeland Security v. Regents of the University of California, the Supreme Court held in a five-to-four decision that the reasoning the Department of Homeland Security (DHS) offered in support of its decision to rescind the Deferred Action for Childhood Arrivals (DACA) initiative was inadequate and therefore violated the Administrative Procedure Act (APA). The Supreme Courts decision means that, at least for the time being, the DACA initiative will remain in place, offering the prospect of continued relief from removal and work authorization to the approximately 650,000 current DACA recipients and apparently also to eligible childhood arrivals who have not previously enrolled in the program. The decision, however, is limited in particular respects. It does not prevent the Trump Administration from taking new action to rescind DACAindeed, the decision reaffirms that the Administration has power to do so, so long as it supplies adequate justification under the APA. The decision also doe