Fourth Circuit Finds Rescission of DACA Violative of the APA as Arbitrary and Capricious

On May 17, the Court of Appeals for the Fourth Circuit found that the Administration’s rescission of DACA violated the Administrative Procedures Act (APA). The Court of Appeals agreed with the district court that the plaintiffs’ challenges are subject to judicial review and that the government’s decision to rescind DACA did not require notice and comment under the APA. But, the Court of Appeals held that the government’s decision to do so violated the APA because it was not adequately explained and thus was arbitrary and capricious. The Fourth Circuit also held that the district court erred in ordering the government to comply with its policies promulgated in 2012 on the use of information provided by DACA applicants and enjoined it from altering those policies. (Casa de Maryland v. DHS)