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Society & Culture
Virtual Legality Episode 249

A Lawyer Breaks Down the DACA Ruling: What it Says...and Doesn't

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1y Jun 18, 2020
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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.

#SCOTUS #DHS #DACA


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


"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.


Blog: hoeglaw.wordpress.com

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
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

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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