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Nevada and other states argue that this will place an increased strain on public health facilities as they take on the burden of tending to these uninsured individuals. Nevada explains that DACA workers speak Spanish fluently and are able to relate to their clients on a different level. Based on this neglect, the Court concluded the decision was arbitrary and capricious.    Trump’s third version of the travel ban is not likely to violate federal law or the Constitution. For one, the government failed to “defend its actions based on the reasons it gave when it acted.” The government gave several different reasons for terminating DACA at different times. Response to motion from Department of Homeland Security, et al. 5.

The Regents also explain that DACA does not assure individuals that deferred actions will be granted, but instead it creates a framework for immigration officials to make case-by-case determination about deferred actions for each individual. Calls for Congressional action on immigration reform persist.   The challengers also argue that the high stakes for the individuals impacted by the DACA program, decisions to terminate the program should be reviewed to ensure the agency action is not “arbitrary and capricious”. DACA Recipients argue that the administrative record is scant and does not demonstrate a meaningful consideration to justify agency action, making DHS’s action arbitrary and capricious. Specifically, although the Administration had concluded that it was unlawful for DACA recipients to receive certain benefits, the Acting Secretary “offer[ed] no reason for terminating forbearance” as well. In claiming that DHS’s decision was required as a matter of law, it shifted responsibility to the courts to decide what the law is. Three lawsuits followed the rescission of the DACA program in California, the District of Columbia, and New York. On September 5, 2017, the Trump administration announced its decision to terminate DACA. Additionally, the Court ruled that the abrupt decision to terminate DACA did not take into account the hardships of DACA recipients who stood to lose prospects associated with their quasi-legal status: educational opportunities, military service, or fully access medical treatment. That is, DHS contends that existing law finds that persons in the United States without authorization are otherwise deportable and ineligible for work authorization. Last week, U.S. District Judge William Alsup of the Northern District of California granted a request by California and other states to stop the administration from ending the Deferred Action for Childhood Arrivals ( DACA). No. “[A]ccess to these types of benefits is an interest ‘courts are often called upon to protect,’” the Court said in determining that courts could review the government’s decision to terminate DACA. The Supreme Court will hear oral arguments on two core issues: (1) whether the administration’s decision to terminate DACA is judicially reviewable; and (2) whether the decision to terminate DACA was lawful. Nearly 700,000 undocumented youth have lived in limbo after the Trump Administration abruptly terminated DACA on September 5, 2017. Nevada and other states also assert that eliminating DACA would hurt the higher education systems because they lose students, employees, diversity, and tuition revenue. In response, the Regents argue that DHS’s decision was arbitrary and capricious because DHS failed to meaningfully examine all data and provide a “satisfactory explanation” of its action. The federal government contends that the plaintiffs’ legal challenge to the rescission of the DACA program cannot be reviewed by the federal courts because the decision involves an exercise of enforcement discretion that is unreviewable under the Administrative Procedure Act because it is “committed to agency discretion by law.”  This amicus brief by Public Citizen, Natural Resources Defense Counsel, and ACLU argues that plaintiffs’ legal challenge is not precluded, because decades of federal court cases recognize  that a general policy concerning enforcement or non-enforcement is judicially reviewable under the Administrative Procedure Act.Whether the federal courts are precluded from reviewing the lawfulness of the federal government’s rescission of the Deferred Action for Childhood Arrivals (“DACA”) program under the Administrative Procedure Act because the decision is one that is “committed to agency discretion by law”? Subscribe for legal news in infographics!Are the 2019 Public Charge Rules valid?The Supreme Court will not use "Constitutional Avoidance" to imply that noncitizen detainees have the right to bond hearings after being held for a certain amount of time.Will a noncitizen's period of living continuously in the U.S. end with a notice of a hearing that doesn't include time and place?The challengers argue that the termination of DACA is reviewable because DHS claimed it was compelled to terminate DACA as a matter of law.