DACA Rescission: Legal Issues and Litigation Status

DACA Rescission: Legal Issues and Litigation Status (LSB10136, May 23, 2018): “On September 5, 2017, the Department of Homeland Security (DHS) issued a memorandum announcing its decision to rescind the Deferred Action for Childhood Arrivals initiative (DACA), which the Obama Administration implemented in 2012 to provide temporary relief from removal and work authorization, among other benefits, to certain unlawfully present aliens who arrived in the United States as children. As justification for the rescission, DHS relied upon a letter from Attorney General Sessions concluding that DACA was illegal—specifically, that it lacked ‘proper statutory authority,’ was ‘an unconstitutional exercise of authority by the Executive Branch,’ and would likely be enjoined in ‘potentially imminent litigation.’ Litigation has ensued at cross purposes. DACA recipients and other parties, including states and universities, filed lawsuits in four federal district courts challenging the rescission as unlawful.” — Joe

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