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

Department of Homeland Security v. Regents of the University of California
Supreme Court of the United States
Argued November 12, 2019 Decided June 18, 2020
Full case name	United States Department of Homeland Security, et al. v. Regents of the University of California, et al.
Docket no.	18-587
Citations	591 U.S. ___ (more) 140 S. Ct. 1891; 207 L. Ed. 2d 353
Argument	Oral argument
Case history
Prior	Motion to compel completion of the administrative record granted, Regents of the Univ. of California v. Dep't of Homeland Security, No. 3:17-cv-05211, 2017 WL 4642324 (N.D. Cal. Oct. 17, 2017); Petition for writ of mandamus denied, In re United States, 875 F.3d 1200 (9th Cir. 2017); Stay denied, In re United States, 875 F.3d 1177 (9th Cir. 2017); Cert. granted, judgment vacated, In re United States, No. 17-801, 583 U.S. ___, 138 S. Ct. 443 (2017); Remanded, In re United States, 877 F.3d 1080 (9th Cir. 2017); Preliminary injunction granted, Regents of the Univ. of California v. Dep't of Homeland Security, 279 F. Supp. 3d 1011 (N.D. Cal. 2018); Affirmed, Regents of the Univ. of California v. Dep't of Homeland Security, 908 F.3d 476 (9th Cir. 2018); Cert. granted, 139 S. Ct. 2779 (2019).
Holding
The decision on the part of the Department of Homeland Security to rescind the Deferred Action for Childhood Arrivals (DACA) was "arbitrary and capricious" in violation of the Administrative Procedures Act.
Court membership
Chief Justice John Roberts Associate Justices Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan Neil Gorsuch · Brett Kavanaugh
Case opinions
Majority	Roberts (except Part IV), joined by Ginsburg, Breyer, Sotomayor, Kagan
Plurality	Roberts (Part IV), joined by Ginsburg, Breyer, Kagan
Concur/dissent	Sotomayor
Concur/dissent	Thomas, joined by Alito, Gorsuch
Concur/dissent	Alito
Concur/dissent	Kavanaugh
Laws applied
Administrative Procedure Act U.S. Const. amend. V

Part of a series on
Chicanos and Mexican Americans
Terms Identity Chola/o La Raza Pachuca Pachuco Pinta/o Xicanx Concepts Anti-Mexican sentiment
History Early-American Period Josefa Segovia Las Gorras Blancas Mexican–American War Mutualista San Elizario Salt War Sonoratown Treaty of Guadalupe Hidalgo Pre-Chicano Movement 1917 Bath riots Bisbee Deportation Bloody Christmas Bracero program California agricultural strikes Cantaloupe strike of 1928 Citrus Strike of 1936 La Matanza Mexican Repatriation Operation Wetback Plan de San Diego Porvenir Massacre Sleepy Lagoon trial Zoot Suit Riots Chicano Movement Aztlán Black-brown unity Brown Berets Católicos por La Raza Centro Cultural Chicanismo Chicano Moratorium Colegio César Chávez CFMN Conferencia de Mujeres CRP East L.A. walkouts Hijas de Cuauhtémoc Huelga schools Land grant struggle Las Adelitas de Aztlán Los Siete de la Raza Los Seis de Boulder MANA MAYO MEChA Occupation of Catalina Island PCUN Plan Espiritual de Aztlán Plan de Santa Bárbara Quinto Sol Raza Unida Party United Farm Workers Post-Chicano Period 1985–1987 cannery strike 1992 Drywall Strike 2019 El Paso shooting Abolish ICE Arizona SB 1070 Castro 2020 Chicano Art Exhibit DACA Great American Boycott IRCA Farah strike Justice for Janitors Murder of Selena Proposition 187 South Central Farm
Culture Language Abrazos, no balazos Caló Chicano English Chicano names Órale Food New Mexican cuisine Tex-Mex cuisine Mexican-American cuisine Music Chicano rap Chicano rock Chicano soul Tejano music Symbols Cal-Style VW Homies Lowrider Lowrider bicycle Mexican-American folklore Pancho Claus Zoot suit
Literature Literature Chicana literature Chicano literature Chicano poetry Autobiographical Always Running Living Up the Street Who Would Have Thought It? Novels Bless Me, Ultima Caballero Desert Blood From This Wicked Patch of Dust Mexican WhiteBoy The Dirty Girls Social Club The House on Mango Street The Rain God The Revolt of the Cockroach People So Far from God Under the Feet of Jesus ...y no se lo tragó la tierra Poetry and Short Stories Emplumada I Am Joaquin Moment of Silence Pensamiento Serpentino The Moths
Chicano studies Fields Chicana feminism Chicanafuturism Organizations MAS Programs, Tucson NACCS UCLA Chicano Studies Research Center Texts Borderlands/La Frontera: The New Mestiza Brown, Not White The Church in the Barrio This Bridge Called My Back Theory Barrioization Coyolxauhqui imperative Gringo justice Nahui Ollin Nepantla New tribalism Rasquachismo Spiritual activism Vergüenza Youth control complex
Visual art Visual Art Chicana art Chicano art Chicano cinema Paño Tortilla art Art Collectives Asco Culture Clash East Los Streetscapers Los Four Mujeres Muralistas Teatro Campesino Royal Chicano Air Force Art organizations Centro de Arte Público Galería de la Raza Mission Cultural Center for Latino Arts Precita Eyes Self Help Graphics & Art Locations Balmy Alley Chicano Park Estrada Courts Great Wall of Los Angeles
Law Supreme Court cases Botiller v. Dominguez Hernandez v. Texas San Antonio I.S.D. v. Rodriguez Espinoza v. Farah Manufacturing Co. U.S. v. Brignoni-Ponce Plyler v. Doe Medellín v. Texas Flores-Figueroa v. U.S. Leal Garcia v. Texas Mendez v. Westminster Bernal v. Fainter Perez v. Brownell DHS v. Regents of the Univ. of Cal. Federal Court cases Madrigal v. Quilligan
Population Population by City Arizona (Tucson) California (Los Angeles) Illinois (Chicago) Michigan (Detroit) Nebraska (Omaha) Texas Dallas–Fort Worth Houston Multiethnic Blaxicans Californios Nuevomexicanos Tejanos Indigenous Mexican Americans Punjabi Mexican Americans
Lists Chicano films Chicano poets Chicano rappers Mexican Americans Writers Bibliography
United States portal Category Index
v t e

Department of Homeland Security v. Regents of the University of California, 591 U.S. ___ (2020), was a United States Supreme Court case in which the Court held by a 5–4 vote that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and reversed the order.^[1][2]

DACA was established in 2012 under President Barack Obama to allow children brought into the United States without proper immigration authorization to defer deportation and maintain good behavior to receive a work permit to remain in the U.S.; such children were also called "Dreamers" based on the failed DREAM Act. On his election, President Donald Trump vowed to end the DACA, and the DHS rescinded the program in June 2017. Numerous lawsuits were filed, including one by the University of California system, which many "Dreamers" attended, asserting that the rescission violated rights under the APA and the right to procedural due process under the Fifth Amendment.^[3] The University sought and received an injunction from District Court Judge William Alsup to require DHS to maintain the DACA until the case was decided.^[4] DHS challenged this order to the United States Court of Appeals for the Ninth Circuit, which upheld Judge Alsup's ruling in November 2018, and ordered the DHS to maintain the DACA throughout the U.S.^[5][6]

DHS petitioned to the Supreme Court, which accepted the case in June 2019, joining it with two other DACA-related lawsuits, Trump v. NAACP (Docket 18-588), which had been filed by the NAACP who challenged that rescinding the DACA had a disproportionate impact on minorities, and Wolf v. Vidal (Docket 18-589), which had been filed by a DACA recipient. Oral arguments were heard in November 2019, and the 5–4 decision given on June 18, 2020. While all nine Justices concurred in part on the judgement, the five in majority, with Chief Justice John Roberts writing for the majority, focused only on the application of the due process of the APA in the DHS's decision to rescind the DACA and found it unlawful. Justice Clarence Thomas, in his dissent in part and joined by others, argued that the Court should have further evaluated the legality of the original DACA program as part of their review.