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. "
Administrative Procedure Act
5 USC 701(a)(2)
"Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" (DACA)
June 15, 2012 - Department of Homeland Security
"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:
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.
PODCAST VERSIONS ALSO AVAILABLE
|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)|
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.