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1 (March 7, 2018)

handle is hein.crs/crsmthzzaac0001 and id is 1 raw text is: Congressional ______ Research Service [nfortmng the leg slative debate since 1914 District Court Enjoins DACA Phase-Out: Explanation and Takeaways Hillel R. Smith, Coordinator Legislative Attorney Ben Harrington, Coordinator Legislative Attorney March 7, 2018 UPDATE: Following the publication of this Sidebar additional developments have arisen that affect the Trump Administration 's planned phase-out of the Deferred Action for Childhood Arrivals (DACA) program. On February 13, 2018, the US. District Court for the Eastern District of New York became the second federal district court to issue a nationwide preliminary injunction limiting the DACA phase-out to aliens who have not yet obtained DACA benefits. The district court s injunction mirrors the nationwide injunction issued by the US. District Court for the Northern District of California that is discussed in this Sidebar and the reasoning behind each injunction was largely similar Both courts held that plaintiffs were likely to succeed on the merits of their claims under the Administrative Procedure Act that DHS's decision to end DACA was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. On March 5, 2018, a federal district court in Maryland, in considering yet another lawsuit challenging the planned rescission of DACA, ruled primarily in DHS s favor and held that the rescission does not violate the Administrative Procedure Act or the Constitution. That holding does not impact the two nationwide injunctions mentioned above, which continue to prohibit DHS from implementing the DACA rescission in most respects. However, the Maryland federal district court imposed a new restriction on DHS by enjoining it 'from using information provided by [applicants] through the DACA program for enforcement purposes. Should DHS seek to use an individual DACA applicant s information for an enforcement purpose implicating national security... public safety or public interest, the injunction requires DHS to petition the Court for permission to do so on a case-by-case basis with in camera review. Congressional Research Service 7-5700 CRS Legal Sidebar www.crs.gov LSB10057 Prepared for Members and Committees of Conaress

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