“As we explain, we agree with the district court that Plaintiffs’ challenges are subject to judicial review. We also agree with the district court that the government’s decision to rescind DACA did not require notice and comment under the APA. But the decision nonetheless violated the APA because—on the administrative record before us—it was not adequately explained and thus was arbitrary and capricious…,” according to the appeals court.
The appeals court added that then-Acting Homeland Security Secretary Elaine Duke “rescinded a general enforcement policy in existence for over five years and affecting hundreds of thousands of enrollees based on the view that the policy was unlawful.”
“Nor did the Department adequately account for the reliance interests that would be affected by its decision. Hundreds of thousands of people had structured their lives on the availability of deferred action during the over five years between the implementation of DACA and the decision to rescind,” the opinion reads. “Although the government insists that Acting Secretary Duke considered these interests in connection with her decision to rescind DACA, her Memo makes no mention of them.”
Fourth Circuit ruling is in line with the decision of the 9th Circuit
The ruling of the U.S. Court of Appeals for the Fourth Circuit on the issue is in line with the decision of the Court of Appeals for the 9th Circuit.
