Professor Arden Rowell has joined a group of 18 other administrative law scholars to file an amicus brief on a case about the DACA (Deferred Action for Childhood Arrivals) policy, which granted 800,000 people brought to the United States as children - often referred to as "Dreamers" - deferred immigration status.
The Supreme Court is set to hear cases this term that will ultimately determine the future of DACA, which was put in place under President Obama. In 2017, President Trump claimed that the executive branch lacks the constitutional authority to implement DACA, and directed Homeland Security to rescind the program, despite what he averred as his personal support for DACA as a policy. Homeland Security rescinded the policy, which was then subsequently blocked in the lower courts, and the fate of DACA now rests with the Supreme Court.
The brief argues that "Judicial review is not simply appropriate in this case. It is urgent...The Executive may not declare that the law requires an unpopular outcome, lament that outcome, and then proclaim that outcome to be insulated from judicial review. That sort of buck passing is an affront to our constitutional system."
Read the full brief.