DACA Rescission: Legal Issues and Litigation Status

Source: Ben Harrington, Congressional Research Service, CRS Legal Sidebar, LSB10136, May 23, 2018

…. Collectively, the lawsuits to preserve DACA and to force its termination raise the related issues of whether DHS offered an adequate justification for the DACA rescission and whether DHS lacks, as Attorney General Sessions concluded, statutory and constitutional authority to administer DACA.

Enactment of statutory protections for certain childhood arrivals would likely moot the lawsuits in substantial part or entirely, but a range of legislative proposals to this effect—including those considered during open debate on the Senate floor in February 2018 in the wake of a government shutdown over the childhood arrivals issue—have not resulted in new law. Some Members have continued to pursue similar legislative efforts, however. ….