Supreme Court DACA Opinion

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1(Slip Opinion) OCTOBER TERM, 2019
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
bein...

2 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Syllabus
the litigation then continued in the District Court...

3Cite as: 591 U. S. ____ (2020)
Syllabus
before judgment. Following the Ninth Circuit affirmance in Regents,
this Court gr...

4 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Syllabus
Nielsen nine months later. Judicial review of agenc...

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5Cite as: 591 U. S. ____ (2020)
Syllabus
was not required to “consider all policy alternatives,” ibid., deferred
action wa...

_________________
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1Cite as: 591 U. S. ____ (2020)
Opinion of the Court
NOTICE: This opinion is subject t...

2 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
CHIEF JUSTICE ROBERTS delivered the opi...

3Cite as: 591 U. S. ____ (2020)
Opinion of the Court
safety. Id., at 98a. DHS concluded that individuals who
meet these cr...

4 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
recipients.
Before the DAPA Memorandum ...

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5Cite as: 591 U. S. ____ (2020)
Opinion of the Court
authorization, 809 F. 3d, at 179–181, 186 (internal quota-
tion marks...

6 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
Duke then detailed how the program woul...

7Cite as: 591 U. S. ____ (2020)
Opinion of the Court
claims were unreviewable under the APA and that the INA
deprived the ...

8 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
General concluded, the DACA policy was ...

9Cite as: 591 U. S. ____ (2020)
Opinion of the Court
whether the rescission was arbitrary and capricious in vio-
lation of...

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10 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
§701(a)(1), or that the “agency action...

11Cite as: 591 U. S. ____ (2020)
Opinion of the Court
its expertise, and does so in a manner akin to a criminal
prosecutor...

12 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
types of benefits is an interest “cour...

13Cite as: 591 U. S. ____ (2020)
Opinion of the Court
removal order.
With these preliminary arguments out of the way, we
p...

14 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
Leavitt, 460 F. 3d 1, 5–6 (CADC 2006) ...

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15Cite as: 591 U. S. ____ (2020)
Opinion of the Court
ensure that the rescission is not upheld on the basis of im-
permiss...

16 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
n. 6 (1969) (plurality opinion). See a...

17Cite as: 591 U. S. ____ (2020)
Opinion of the Court
Park, 401 U. S., at 419 (rejecting “litigation affidavits” from
agen...

18 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
Respondents maintain that this explana...

19Cite as: 591 U. S. ____ (2020)
Opinion of the Court
Whether DACA is illegal is, of course, a legal determina-
tion, and ...

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20 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
But there is more to DAPA (and DACA) t...

21Cite as: 591 U. S. ____ (2020)
Opinion of the Court
cluded that DAPA “conflicted with the discretion author-
ized by Con...

22 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
“efficacy of airbag technology” or upo...

23Cite as: 591 U. S. ____ (2020)
Opinion of the Court
two. Ibid. According to the Government, “It was not arbi-
trary and ...

24 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
(slip op., at 9) (quoting Fox Televisi...

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25Cite as: 591 U. S. ____ (2020)
Opinion of the Court
In addition, excluding DACA recipients from the lawful la-
bor force...

26 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of the Court
Had Duke considered reliance interests...

Opinion of the Court
27Cite as: 591 U. S. ____ (2020)
Opinion of ROBERTS, C. J.
IV
Lastly, we turn to respondents’ claim t...

Opinion of the Court
28 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of ROBERTS, C. J.
share of rec...

29Cite as: 591 U. S. ____ (2020)
Opinion of the Court
raise a plausible inference that the rescission was moti-
vated by a...

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SOTOMAYOR, J., concurring
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_________________
1Cite as: 591 U. S. ____ (2020)
Opinion of SOTOMAYOR, J.
SUP...

2 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of SOTOMAYOR, J.
The majority rightly holds that the...

3Cite as: 591 U. S. ____ (2020)
Opinion of SOTOMAYOR, J.
ditionally quote President Trump’s 2017 statement compar-
ing und...

4 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of SOTOMAYOR, J.
stage, I would not so readily dismi...

THOMAS, J., dissenting
_________________
1Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, J.
SUPREME COURT OF THE UNITED...

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THOMAS, J., concurring in the judgment in part and dissenting in part
2 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV...

THOMAS, J., concurring in the judgment in part and dissenting in part
3Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, J...

THOMAS, J., concurring in the judgment in part and dissenting in part
4 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV...

THOMAS, J., concurring in the judgment in part and dissenting in part
5Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, J...

THOMAS, J., concurring in the judgment in part and dissenting in part
6 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV...

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THOMAS, J., concurring in the judgment in part and dissenting in part
7Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, J...

THOMAS, J., concurring in the judgment in part and dissenting in part
8 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV...

THOMAS, J., concurring in the judgment in part and dissenting in part
9Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, J...

THOMAS, J., concurring in the judgment in part and dissenting in part
10 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
11Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

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THOMAS, J., concurring in the judgment in part and dissenting in part
12 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
13Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

THOMAS, J., concurring in the judgment in part and dissenting in part
14 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
15Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

THOMAS, J., concurring in the judgment in part and dissenting in part
16 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
17Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

THOMAS, J., concurring in the judgment in part and dissenting in part
18 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
19Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

THOMAS, J., concurring in the judgment in part and dissenting in part
20 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
21Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

THOMAS, J., concurring in the judgment in part and dissenting in part
22 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
23Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

THOMAS, J., concurring in the judgment in part and dissenting in part
24 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

THOMAS, J., concurring in the judgment in part and dissenting in part
25Cite as: 591 U. S. ____ (2020)
Opinion of THOMAS, ...

THOMAS, J., concurring in the judgment in part and dissenting in part
26 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNI...

_________________
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1Cite as: 591 U. S. ____ (2020)
Opinion of ALITO, J.
SUPREME COURT OF THE UNITED STATE...

2 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of ALITO, J.
now plays in our constitutional system ...

Cite as: 591 U. S. ____ (2020) 1
Opinion of KAVANAUGH, J.
SUPREME COURT OF THE UNITED STATES
_________________
Nos. 18–587...

2 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of KAVANAUGH, J.
For the last 20 years, the country ...

Cite as: 591 U. S. ____ (2020) 3
Opinion of KAVANAUGH, J.
the Executive Branch possesses the legal authority to re-
scind ...

4 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of KAVANAUGH, J.
DACA, and clarified that even if DA...

Cite as: 591 U. S. ____ (2020) 5
Opinion of KAVANAUGH, J.
DACA. Ante, at 14–16. Under our precedents, however, the
post ho...

6 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of KAVANAUGH, J.
may in some circumstances decline t...

Cite as: 591 U. S. ____ (2020) 7
Opinion of KAVANAUGH, J.
of the Nielsen Memorandum, perhaps with some elabora-
tion as su...

8 DEPARTMENT OF HOMELAND SECURITY v.
REGENTS OF UNIV. OF CAL.
Opinion of KAVANAUGH, J.
tion’s immigration system. In the m...

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