In a startling 5-4 partial decision by the Supreme Court, the Trump Administration's action to rescind the Obama Administration's Deferred Action for Childhood Arrivals (DACA) executive order was held to be an unlawfully arbitrary and capricious act of the Department of Homeland Security (DHS).

But just who is acting arbitrarily here? We discuss....in Virtual Legality.

CHECK OUT THE VIDEO: https://youtu.be/63wN3I85Ag0

#SCOTUS #DHS #DACA

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CHAPTERS

0:00 Introduction

3:24 DACA - The Heart of the Case

5:12 DAPA - An Illegal Program?

9:53 DHS Moves to Rescind DACA

11:44 SCOTUS: DHS MAY RESCIND DACA

12:41 The Administrative Procedure Act (APA)

15:16 Kavanaugh Dissents to Kicking the Can

17:35 Discretionary Authority is Unreviewable

18:29 DACA is Reviewable (More than Forbearance)

20:35 Rescission is Arbitrary and Capricious

24:15 Reliance on DACA Benefits

28:41 Roberts Tells DHS to Try Again

30:50 The Thomas Dissent (Lead Dissent)

35:28 Conclusion

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Discussed in this episode:

"DEPARTMENT OF HOMELAND SECURITY ET AL. v. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL. "

No. 18-587

https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf

Administrative Procedure Act

5 USC 701(a)(2)

https://www.law.cornell.edu/uscode/text/5/701

"Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" (DACA)

June 15, 2012 - Department of Homeland Security

https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf

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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:

https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

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Twitter: @hoeglaw

Web: hoeglaw.com

Blog: hoeglaw.wordpress.com