Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program.   

On July 28, 2020, the Department of Homeland Security (“DHS”) issued a memo, “Reconsideration of the June 15, 2012 Memorandum Entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” in response to the recent Supreme Court Case, Department of Homeland Security v. Regents of the University of California (“Regents”) that allowed the Deferred Action for Childhood Arrivals (“DACA”) program to continue based on regulatory grounds, as we reported in our June 19, 2020 post.  The  Supreme Court found that the Trump administration’s 2017 rescission, reported here of DACA was done in “an arbitrary and capricious way” that violated the Administrative Procedure Act (“APA”).
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