Question

Department of Homeland Security v. Regents of the University of California summarized in 2 paragraphs

Answer 1

U.S. Department of Homeland Security (DHS) in 2012 adopted the immigration program named as Deferred Action for Childhood Arrivals (DACA). It main objective was postponing the deportation for the undocumented immigrants that had been brought to the country as children and assigning them work permits, thus permitting them on obtaining the social security numbers, tax payment, and hence becoming part of “mainstream” society in the country. However after the national election in United States in 2017, Obama administration replaced by the Trump administration, DHS began a phase-out of DACA on the grounds that the DACA was created by Obama administration with no established end-date and without proper statutory authority; and therefore it was an unconstitutional exercise.

In the Northern district of the California Regents of the University of California sued the Department of Homeland Security alleging that the DACA's recission violated the Administrative Procedure Act (APA) and denied right to equal protection and due process to the respondents'. The Court of Appeals in U.S. rejected the motion of government to dismiss for lack of jurisdiction, and stated that the recission of DACA was not committed to discretion of agency by law and thus “law to apply.”