Casa De Maryland v. DHS, No. 18-1521 (4th Cir. 2019)Annotate this Case
Plaintiffs alleged that the government's decision to rescind the Deferred Action for Childhood Arrivals (DACA) policy (and its changes to policies governing the use of information provided by DACA applicants) violates the Fifth Amendment, as well as the Administrative Procedure Act (APA) and common law principles of estoppel.
The Fourth Circuit agreed with the district court that plaintiffs' challenges were subject to judicial review and that the government's decision to rescind DACA did not require notice and comment under the APA. However, the court held that the decision violated the APA because—on the administrative record before the court—it was not adequately explained and thus was arbitrary and capricious. The court 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 enjoining it from altering those policies. The court declined, under the doctrine of constitutional avoidance, to decide whether plaintiffs' Fifth Amendment rights were violated. The court also declined to address plaintiffs' remaining arguments. Accordingly, the court affirmed in part, reversed in part, vacated in part, dismissed in part, and remanded.