Great decision on #DACA today - Supreme Court holds that it was arbitrary and capricious lawmaking to rescind it. Straight up administrative law.
This really doesn't mean you can stop filing those adjustments and waivers because they can and will get rid of it through rule-making over the course of many months but for now, you can rest a bit easier. #DACA đŸ„°
"The dispute before the Court is not whether DHS may
rescind DACA. All parties agree that it may. The dispute
is instead primarily about the procedure the agency followed in doing so."
Then SCOTUS goes on to say "Because the DACA program is more than a non-enforcement policy, its rescission is subject to review under the APA"
And because it was reviewable under the APA, "total rescission was arbitrary and capricious."

It's a good day when SCOTUS follows the law!
The court decision opened a small window of opportunity for those who have never filed initial #DACA applications and who aged into the program. Start working on getting those in!
And since I already have emails about this, no the SCOTUS decision about #DACA today did not address advance parole as the decision to repeal AP in 2017 was never litigated, and not part of the lawsuit, and that remains a dead program. I'd love to be wrong.
And finally, the court remands the cases to DHS, which basically needs to go through proper notice and comment procedures in order to get rid of #DACA.
We've to wait for guidance from USCIS to figure out how they're interpreting this and when they will start accepting initial DACA (and perhaps advance parole) and go from there. But again, the decision doesn't mean DHS can't start getting rid of #DACA.
You can follow @prernaplal.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: