U.S. Supreme Court

Case Status


Docket Number


2019 Term

Oral Argument Date

November 12, 2019


Questions Presented

This dispute concerns the policy of immigration enforcement discretion known as Deferred Action for Childhood Arrivals (DACA). In 2016, this Court affirmed, by an equally divided Court, a decision of the Fifth Circuit holding that two related Department of Homeland Security (DHS) discretionary enforcement policies, including an expansion of the DACA policy, were likely unlawful and should be enjoined. See United States v. Texas, 136 S. Ct. 2271 (per curiam). In September 2017, DHS determined that the original DACA policy was unlawful and would likely be struck down by the courts on the same grounds as the related policies. DHS thus instituted an orderly wind-down of the DACA policy. The questions presented are as follows:

1. Whether DHS’s decision to wind down the DACA policy is judicially reviewable.

2. Whether DHS’s decision to wind down the DACA policy is lawful.

Case Updates

Supreme Court holds that the Trump Administration violated requirements of the Administrative Procedure Act when it rescinded the Deferred Action for Childhood Arrivals (DACA) program

June 18, 2020

Click here to view the opinion.

U.S. Chamber joins merits-stage amicus brief of 143 businesses and associations in support of deferred action for childhood arrivals (DACA) program

October 04, 2019

Click here to view the coalition brief.

Andrew J. Pincus and Karen W. Lin of Mayer Brown LLP served as co-counsel for the amici.

Case Documents